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04 - February 23, 2021 County Council Agenda PackageVUUllll,, ilk u .y E gill �r a": m Ill "%' y Table of Contents I. Orders — February 23, 2021...................................................................... 2 II. Elgin County Council Minutes — February 9, 2021......................................... 3 III. Delegation — St. Thomas Economic Development Corporation, Joint EDCO Award................................................................................................. 24 IV. Reports Index — February 23, 2021........................................................... 26 V. Report — Clearing Exemption Application for Lot 4, Concession 14, Municipality of West Elgin, County of Elgin.................................................................. 27 VI. Report — Homes — Administration Policy Manual Review and Revisions............ 38 VI I. Report — Approval for Official Plan Amendment No. 19, Part of Lot 24, Concession 3, Township of Malahide, Ontario, 51631 & 51553 Calton Line....... 41 Vill. Report — Request for Settlement Area Expansions — County of Elgin ................ 59 IX. Report — Cycling History Murals Project Overview ......................................... 66 X. Report — Enterprise Geographic Information System ..................................... 69 XI. Report — UpLink Communications Municipal Road Access Agreement ............. 102 XII. Correspondence — Information Index......................................................... 112 XIII. 2020 Annual Report from Elgin Clean Water Program ................................... XIV. Letter from Gunn & Associates regarding Bradt Road ................................... XV. Letter from AMCTO regarding Staff Professional Development ....................... XVI. In -Camera Agenda — February 23, 2021.................................................... 113 119 121 122 1 Al�lllllllll 0 lgln " c ORDERS OF THE DAY FOR TUESDAY, FEBRUARY 23, 2021- 9:00 A.M. ORDER 1 st Meeting Called to Order 2nd Adoption of Minutes 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations 9:00 a.m. — St. Thomas Economic Development Corporation, Joint EDCO Award 5th Motion to Move Into "Committee Of The Whole Council' 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 1) Items for Consideration 2) Items for Information (Consent Agenda) 8th OTHER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th Closed Meeting Items 10th Recess 11 th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 13th Consideration of By-laws 14th ADJOURNMENT Video Conference Meeting — IN -PERSON PARTICIPATION RESTRICTED NOTE FOR MEMBERS OF THE PUBLIC: Please click the link below to watch the Council Meeting: :.I..::...:::II„pll.::.li:p.Il.:.l..g.iiilpuilylip iiiin Accessible formats available upon request. 2 of A�rriro,�l�l/((lliil��j�l( El it't Pmggm,.sPve Pap Nitwe ELGIN COUNTY COUNCIL I►TAIIR1jd** February 9, 2021 Council Present: Warden Tom Marks (in -person) Deputy Warden Dave Mennill (electronic) Councillor Duncan McPhail (electronic) Councillor Bob Purcell (electronic) Councillor Sally Martyn (electronic) Councillor Grant Jones (electronic) Councillor Mary French (electronic) Councillor Dominique Giguere (electronic) Councillor Ed Ketchabaw (electronic) Page 1 February 9, 2021 Staff Present: Julie Gonyou, Chief Administrative Officer (in -person) Brian Lima, Director of Engineering Services (electronic) Stephen Gibson, County Solicitor (electronic) Jim Bundschuh, Director of Financial Services (electronic) Michele Harris, Director of Homes and Seniors Services (electronic) Brian Masschaele, Director of Community and Cultural Services (electronic) Nancy Pasato, Manager of Planning (electronic) Natalie Marlowe, Library Coordinator (electronic) Mike Hoogstra, Purchasing Coordinator (electronic) Jessica Silcox, Economic Development Coordinator (electronic) Katherine Thompson, Supervisor of Legislative Services (electronic) Carolyn Krahn, Legislative Services Coordinator (in -person) Members of the St. Thomas City Council and the City Manager were present for the Delegations. CALL TO ORDER Elgin County Council met this 9th day of February, 2021 in the Council Chambers, at the County Administration Building, St. Thomas at 9:00 a.m. with Warden Marks in the chair. Some Councillors and staff participated electronically by video conference. ADOPTION OF MINUTES Moved by: Councillor Mennill Seconded by: Councillor Purcell RESOLVED THAT the minutes of the meeting held on January 26, 2021 be adopted. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. IQ1.16103ill0:9il;1111111:1:14010l/i1:ra10119:1:1*1riUlIII do, I:90:101A:L11111110/ill to] 0:111111do, :10xi19 None. Page 2 February 9, 2021 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 4.1 Elgin Ontario Health Team — Daniel Doane Daniel Doane presented information on the Ontario Health Team (OHT) model, the Elgin OHT application development process, the Elgin OHT vision, and next steps regarding the establishment of an Elgin OHT. Moved by: Councillor Martyn Seconded by: Councillor Jones RESOLVED THAT the presentation from the Elgin Ontario Health Team be received and filed. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 4.2 St. Thomas Elgin General Hospital (STEGH), Magnetic Resonance Imaging — Robert Biron Robert Biron, President and CEO of STEGH, presented information regarding STEGH's application for Magnet Resonance Imaging (MRI) service in the Elgin Community and requested Council's support and advocacy to the Ministry of Heath and Ministry of Finance to secure this investment for Elgin. Moved by: Councillor Mennill Seconded by: Councillor McPhail RESOLVED THAT the presentation from the St. Thomas Elgin General Hospital be received and filed; and THAT the Warden be directed to send a letter of support to the Ministry of Health and the Ministry of Finance advocating for provincial operating and capital funding to make Magnetic Resonance Imaging service a reality for the Elgin community. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. Page 3 February 9, 2021 4.3 St. Thomas Elgin Social Services — Heather Sheridan, Teresa Sulowski, Joanne Weber, and Danielle Neilson Representatives from St. Thomas Elgin Social Services provided a review of Children's Services 2019-2020, an update on Ontario Works for St. Thomas -Elgin, and a review of Housing & Homelessness Services in 2020. Moved by: Councillor Purcell Seconded by: Councillor Ketchabaw RESOLVED THAT the presentation from St. Thomas Elgin Social Services be received and filed. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 - Motion Carried. 4.4 Crane Conservation Area— Jim Crane Jim Crane presented information regarding the history of the Crane Conservation Area and his complaints relating to its sale by the Lower Thames Valley Conservation Authority (LTVCA) and use by subsequent owner. Moved by: Councillor Purcell Seconded by: Councillor Ketchabaw RESOLVED THAT the presentation from Jim Crane be received and filed. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 - Motion Carried. 10*61 IN0*61*Ry I11FAS[131!11KILTiWTU11III ILllS1131!fffilkhl 5. COMMITTEE OF THE WHOLE Moved by: Councillor Mennill Seconded by: Councillor French 5 Page 4 February 9, 2021 RESOLVED THAT we do now move into Committee of the Whole Council. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden's Activity Report (January) and COVID-19 Update — Warden Marks Warden Marks presented a summary of the County's response to the pandemic as well as a list of events and meetings attended on behalf of County Council during the month of January. Moved by: Councillor Purcell Seconded by: Councillor Jones RESOLVED THAT the February 3, 2021, report titled, Warden's Activity Report (January) and COVID-19 Update, submitted by the Warden, be received and filed for information. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.2 Homes — Long -Term Care Home Service Accountability Agreement (L-SAA) — Schedule E — Director of Homes and Seniors Services The Director of Homes and Seniors Services provided details on the South West Local Health Integration Network (SWLHIN) Long -Term Care Home Service Accountability Agreement (L-SAA) Schedule E — Form of Compliance. Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT the report titled: "Homes — Long -Term Care Home Service Accountability Agreement (L-SAA) — Schedule E" dated February 4, 2021 be received and filed; and, Page 5 February 9, 2021 THAT Council authorize the Chief Administrative Officer (CAO) and Warden to sign the "Long -Term Care Home Service Accountability Agreement (L-SAA) — Schedule E" for the Homes for the period of January 1, 2020 — December 31, 2020. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.3 Multi -year Accessibility Plan — 2020 Annual Status Report — Accessibility Coordinator The Chief Administrative Officer presented the annual accessibility status report on the progress of measures taken to implement the strategies outlined in the Multi - Year Accessibility Plan. The status report will be posted on the website for public viewing. Moved by: Councillor French Seconded by: Councillor Giguere RESOLVED THAT the report titled "Multi -year Accessibility Plan — 2020 Annual Status Report' dated February 9, 2021 be received and filed. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.4 Local Business Support & Workforce Initiatives — Economic Development Coordinator The Economic Development Coordinator presented information regarding several ongoing initiatives underway in Elgin County to support local businesses during the COVID-19 pandemic. Moved by: Councillor McPhail Seconded by: Councillor Purcell RESOLVED THAT the report titled "Local Business Support & Workforce Initiatives" dated February 9, 2021 from the Economic Development Coordinator, be received and filed. Page 6 February 9, 2021 Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.5 Procurement Activity Report (October 1, 2020 to December 31, 2020) — Procurement Coordinator The Procurement Coordinator provided details relevant to the exercise of delegated authority for all contracts awarded that exceeded $15,000, including amendments and renewals, for the period of October 1, 2020 to December 31, 2020. Moved by: Councillor Mennill Seconded by: Councillor Martyn RESOLVED THAT the January 28, 2021 report titled, Procurement Activity Report (October 1, 2020 to December 31, 2020), submitted by the Purchasing Coordinator, be received and filed for information. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.6 Draft Plan of Subdivision Jacklin Farms Phase 3 — Manager of Planning The Manager of Planning provided County Council with information required in order to consider granting draft plan approval to the above noted plan of subdivision (File 34T-CE2001). Moved by: Councillor Martyn Seconded by: Councillor Jones RESOLVED THAT the Council of the Corporation of the County of Elgin grants draft plan approval to Draft Plan of Subdivision for Prespa Construction Limited in the Municipality of Central Elgin (Lynhurst) File No. 34T-CE2001; and, THAT staff be directed to provide notice of this decision subject to the conditions of final approval in accordance with the Planning Act. Page 7 February 9, 2021 Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.7 Final Plan of Subdivision Approval The Ridge at Talbotville Gore, Phase 2 — Manager of Planning The Manager of Planning advised County Council that final approval was given for a plan of subdivision in the Township of Southwold on January 27, 2021. Moved by: Councillor Jones Seconded by: Councillor French RESOLVED THAT the report titled "Final Plan of Subdivision Approval The Ridge at Talbotville Gore, Phase 2" from the Manager of Planning, dated February 9, 2021, be received and filed. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.8 Elgin County Museum Advisory Committee 2021 Membership — Director of Community and Cultural Services The Director of Community and Cultural Services presenting a report recommending a new appointment to the Elgin County Museum Advisory Committee for 2021 and provided an update on members previously appointed by County Council. Moved by: Councillor Purcell Seconded by: Councillor Ketchabaw RESOLVED THAT County Council confirm the membership of the Elgin County Museum Advisory Committee as outlined in the report titled "Elgin County Museum Advisory Committee 2021 Membership" from the Director of Community and Cultural Services dated February 9, 2021; and, THAT the Warden on behalf of County Council issue a letter of appreciation to Mrs. Helen Van Brenk for her past service to the committee. Page 8 February 9, 2021 Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.9 Elimination of E-Green Recycling Program at Library Branches — Director of Community and Cultural Services The Director of Community and Cultural Services updated Council on the cancellation of the E-Green Recycling and Steam Centre e-waste recycling program at the Elgin County Library branches. Moved by: Councillor Jones Seconded by: Councillor Mennill RESOLVED THAT the report titled "Elimination of E-Green Recycling Program at Library Branches" from the Director of Community and Cultural Services dated February 9, 2021 be received and filed, and; THAT the Townships of Malahide and Southwold, and the Municipalities of Central Elgin, Dutton Dunwich and West Elgin be notified of the elimination of e-waste recycling services at Elgin County Library branches. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.10 Elgin County Library Service Update —October 2020 to January 2021 —Director of Community and Cultural Services The Director of Community and Cultural Services provided an update on Library Services offered by the Library since Council approved the limited reopening of interior spaces for Curbside Plus and since the Province of Ontario implemented a province -wide lockdown. Moved by: Councillor Giguere Seconded by: Councillor McPhail RESOLVED THAT the February 9th, 2021 report titled Elgin County Library Service Update — October 2020 to January 2021, submitted by the Director of Community and Cultural Services, be received and filed for information. 10 Page 9 February 9, 2021 Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.11 Zero -Emission Vehicle Infrastructure Program — Director of Engineering Services The Director of Engineering Services provided a report detailing the costs associated with electric charging stations and metering options. Moved by: Councillor Mennill Seconded by: Councillor Purcell RESOLVED THAT the report titled "Zero -Emission Vehicle Infrastructure Program" from the Director of Engineering Services, dated January 27, 2021, be received and filed. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. Moved by: Councillor Ketchabaw Seconded by: Councillor McPhail RESOLVED THAT the public be charged a nominal fee for the use of the electric vehicle charging stations; and THAT staff prepare and table a future report providing a recommendation of an appropriate electric vehicle charging rate fee following procurement of the charging equipment hardware and installation service. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Page 10 February 9, 2021 Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.12 Administration Building — Council Chamber and Main Entrance Lobby Reception Area Design Alternatives — Director of Engineering Services and Manager of Corporate Facilities The Director of Engineering Services and Manager of Corporate Facilities presented six (6) design alternatives prepared by L360 Architecture along with construction cost estimates, for the proposed Council Chamber and Main Entrance Lobby Reception Area remodelling and renovation project. Moved by: Councillor Purcell Seconded by: Councillor Giguere RESOLVED THAT the report titled "Administration Building — Council Chamber and Main Entrance Lobby Reception Area Design Alternatives" from the Director of Engineering Services, dated February 1st, 2021, be received and filed; THAT staff proceed with Options 4 and 6 for the modernization and remodelling of the current Council Chamber space and a renovated main entrance lobby and designated reception suite space; and THAT staff will present more detailed designs for Council's review at a future meeting. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.13 Budget Presentation — Director of Financial Services The Director of Financial Services presented the 2021 Budget for Council's consideration. Moved by: Councillor Purcell Seconded by: Councillor Ketchabaw RESOLVED THAT a 2.9% tax rate increase for 2021 be approved with a 2021 levy of $39,060,000-1 and, THAT staff present the 2019 and 2020 actuals in a line -by-line budget document at a future meeting; and, THAT a further $6 million of debentures be acquired in 2021 as part of the plan 12 Page 11 February 9, 2021 to acquire $44 million in debentures between 2020-2030 and additionally allow up to $15 million in temporary borrowing to meet short-term immediate cashflow needs -land, THAT an overall 2021 operating budget net income of $9,382,000 be approved, being the result of the carry -forward operating project net revenue of $2,459,000 and a 2020 base operating net income of $6,923,000 (comprised of $79,341,000 of revenue and $72,418,000 of costs); and, THAT the 2021 ten-year capital plan of $209,053,000 with 2021 capital spend of $70,315,000, comprised of carry -forward project reserve of $40,457,000 and new capital projects of $29,858,000 be approved; and, THAT the necessary by-laws be approved. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail No Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 8 1 0 Motion Carried. 6.14 Elgin/Ontario — Interim Transfer Agreement (Part III / IX Provincial Offences Act) — County Solicitor The County Solicitor provided information regarding the proposed transfer of Parts III and IX prosecutions from the Province to the County. Moved by: Councillor Jones Seconded by: Councillor Ketchabaw RESOLVED THAT consideration of the recommendations be deferred until after the discussion regarding the Interim Transfer Agreement in Closed Session. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.15 Council and Warden Policy Revisions — Chief Administrative Officer The Chief Administrative Officer presented a final draft of the Council and Warden Policies for Council's approval. 13 Page 12 February 9, 2021 Moved by: Councillor Mennill Seconded by: Councillor Giguere RESOLVED THAT the report titled "Council and Warden Policy Revisions" submitted by the Chief Administrative Officer, dated February 1, 2021 be received and filed; and THAT Elgin County Council approve the Council Policy and Warden Policy as amended to include ascots in the County Council Dress Code. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.16 School Retention Plan — Elgin County— Chief Administrative Officer The Chief Administrative Officer presented information regarding Council's advocacy and communication efforts regarding the retention of local schools and provided information regarding the creation of school retention plan for Elgin County. Moved by: Councillor Purcell Seconded by: Councillor Mennill RESOLVED THAT staff be directed to provide a follow-up report in the second quarter after staff have had an opportunity to review the school retention plans for Oxford and Middlesex Counties. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.17 COVID-19 Emergency Team Planning —January Update— Chief Administrative Officer The Chief Administrative Officer provided an update on the County's COVID-19 response. Moved by: Councillor Jones Seconded by: Councillor French 14 Page 13 February 9, 2021 RESOLVED THAT the February 3rd, 2021, report titled, COVID-19 Emergency Team Planning — January Update, submitted by the Chief Administrative Officer, be received and filed for information. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 6.18 Elgincentives 2021 Funding —Chief Administrative Officer The Chief Administrative Officer sought Council's direction regarding the 2021 Elgincentives program. Moved by: Councillor Martyn Seconded by: Councillor Mennill RESOLVED THAT THAT staff proceed with a status quo Elgincentives Program for 2021; and THAT staff be directed to continue to work with Local Municipal Partners to conduct an ongoing review of the Elgincentives program to ensure program alignment with community need; and further THAT staff be directed to present alternatives to Council as part of the 2022 budget review process. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.1.1 Statistics Canada with a letter seeking Council's support to increase awareness of the 2021 Census among residents in Elgin County. 15 Page 14 February 9, 2021 7.1.2 The President of OPSEU Local 317 with a letter requesting that Council consider sending a letter to the Province of Ontario to protest the closure of the Gravenhurst campus of the Ontario Fire College. Item #1 Moved by: Councillor Mennill Seconded by: Councillor Giguere RESOLVED THAT Correspondence Item #1 be received and filed. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. Item #2 Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT the Warden be directed to send a letter to the Province of Ontario to highlight the importance of the fire training program, to ask for more information regarding the closure of the Gravenhurst campus of the Ontario Fire College, and to request more information regarding future plans for training in the Province. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw No Central Elgin Warden Marks Yes 8 1 0 Motion Carried. 7.2 Items for Information (Consent Agenda) 7.2.1 Western Ontario Wardens Caucus with the monthly newsletter for January 2021. Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT Correspondence Item #1 be received and filed. 16 Page 15 February 9, 2021 Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 - Motion Carried. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members None. 8.2 Notice of Motion None. 8.3 Matters of Urgency 8.3.1 The Chief Administrative Officer requested Council's consent for the addition of the following two (2) matters of urgency: 1. Dutton Dunwich Settlement Areas — Councillor Purcell & Manager of Planning; and 2. Elgin -Oxford — Joint Application to the Municipal Modernization Fund for an EMS Master Plan. Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT these matters of urgency be added to the February 9th, 2021 County Council Agenda. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 - Motion Carried. 8.3.2 The Manager of Planning and Councillor Purcell presented information regarding possible settlement area expansions in Dutton Dunwich. Moved by: Councillor Purcell Seconded by: Councillor Jones 17 Page 16 February 9, 2021 RESOLVED THAT staff provide a full report regarding settlement area expansions at the February 23, 2021 Council meeting. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 8.3.3 The Chief Administrative Officer presented information with respect to submitting a joint Elgin/Oxford application to the Municipal Modernization Fund for an Emergency Medical Services (EMS) Master Plan Study. Moved by: Councillor Mennill Seconded by: Councillor McPhail RESOLVED THAT staff be directed to work with the County of Oxford to jointly submit an application to the Municipal Modernization Fund for an Emergency Medical Services (EMS) Master Plan Study. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. RECESS — COUNCIL RECESSED AT 12:53 P.M. AND RECONVENED AT 12:58 P.M. CLOSED MEETING ITEMS Moved by: Councillor French Seconded by: Councillor Ketchabaw RESOLVED THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters under Municipal Act Section 239 (2): In -Camera Item #1 (0 advice that is subject to solicitor -client privilege, including communications necessary for that purpose, (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board— Elgin/Ontario — Interim Transfer Agreement (Parts III / IX Provincial Offences Act). 18 Page 17 February 9, 2021 In -Camera Item #2 (0 advice that is subject to solicitor -client privilege, including communications necessary for that purpose — Crane Conservation Area. In -Camera Item #3 (b) personal matters about an identifiable individual, including municipal or local board employees —Organizational Review. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 10. MOTION TO RISE AND REPORT Moved by: Councillor Mennill Seconded by: Councillor Ketchabaw RESOLVED THAT we do now rise and report. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. In -Camera Item #1 — Elgin/Ontario — Interim Transfer Agreement (Parts III / IX Provincial Offences Act) Moved by: Councillor Ketchabaw Seconded by: Councillor Purcell RESOLVED THAT the report and comments from the County Solicitor, dated February 1, 2021, be received and filed; and, FURTHERMORE THAT in Open Session, and in consideration of Item 6.14 as previously deferred 19 Page 18 February 9, 2021 BE IT RESOLVED THAT the Open Session Report, dated February 1, 2021, be received and filed; and THAT subject to the approval of the County Solicitor as to final terms and conditions thereof, Council approve a proposed Part III and IX of the Provincial Offences Act (Ontario) Interim Transfer Agreement; and THAT subject to the direction of the County Solicitor, Council authorize the Warden and Chief Administrative Officer to execute a final version of the proposed Parts III and IX of the Provincial Offences Act (Ontario) Interim Transfer Agreement as approved by the County Solicitor in accordance with Recommendation 2 above. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. In -Camera Item #2 — Crane Conservation Area Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT staff proceed as directed. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. In -Camera Item #3 — Organizational Review Moved by: Councillor Giguere Seconded by: Councillor French RESOLVED THAT the report from the Chief Administrative Officer be received; and, THAT staff proceed as directed. 20 Page 19 February 9, 2021 Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. if t!►Vil10119 [0] kiI 11iL1 BZe] i rN xKe]►VAILYA1 :11 0I Ui'll 9 Eel ki"a Y0]►Viado, I :90101LVAI►YAI N a I A Zola do, I4TA 01 Eel :11 Moved by: Councillor McPhail Seconded by: Councillor Mennill RESOLVED THAT we do now adopt recommendations of the Committee Of The Whole. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 12. CONSIDERATION OF BY-LAWS 12.1 By -Law 21-03 — Providing for the Adoption of the 2021 Budget Being a By -Law to Provide for the Adoption of the 2021 Budget of the Corporation of the County of Elgin and to Establish the 2021 Tax Ratios, and to Establish the 2021 Tax Rates for the County Constituent Municipalities. Moved by: Councillor McPhail Seconded by: Councillor Ketchabaw RESOLVED THAT By -Law No. 21-03 be now read a first, second and third time and finally passed. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes 21 Page 20 February 9, 2021 Central Elgin Warden Marks Yes 9 1 0 1 0 Motion Carried. 12.2 By -Law 21-04 —Borrowing By -Law Being a By -Law to Authorize the Warden and the Treasurer to Borrow up to the Sum of Fifteen Million Dollars. Moved by: Councillor Purcell Seconded by: Councillor French RESOLVED THAT By -Law No. 21-04 be now read a first, second and third time and finally passed. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 12.3 By -Law 21-05 —Confirming all Actions and Proceedings BEING a By-law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the February 9, 2021 Meeting. Moved by: Councillor Jones Seconded by: Councillor Mennill RESOLVED THAT By -Law No. 21-05 be now read a first, second and third time and finally passed. Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. 13. ADJOURNMENT Moved by: Councillor French Seconded by: Councillor Jones RESOLVED THAT we do now adjourn at 1:41 p.m. to meet again on February 23, 2021 at 9:00 a.m. 22 Page 21 February 9, 2021 Recorded Vote Yes No Abstain Malahide Dave Mennill Yes West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Central Elgin Warden Marks Yes 9 0 0 Motion Carried. Julie Gonyou, Tom Marks, Chief Administrative Officer. Warden. m C) 0 w U) 0 x F- Cl) c im L �. O U X W 4- 0 a N N UJ Q o ObS 3N 0� �'S U O c m } U co _O O O Lo U >+ +Z O -0 O >, M Q N Q 4 O O (n O_ O 4- � n > .O n +J m y 7C) 7C3 n CO O O .i 1 w n LL L) u 3 0 4- O m 7 3 C: a m m U a o � cn 4� w i �Co � L 'cu U .i 4J E O Q � N s 0 cn +, � 0 -0 o O U O N s w can REPORTS OF COUNCIL AND STAFF February 23, 2021 Staff Reports —ATTACHED Tree Commissioner/Weed Inspector— Clearing Exemption Application for Lot 4, Concession 14, Municipality of West Elgin, County of Elgin Director of Homes and Seniors Services — Homes — Administration Policy Manual Review and Revisions Manager of Planning —Approval for Official Plan Amendment No. 19, Part of Lot 24, Concession 3, Township of Malahide, Ontario, 51631 & 51553 Calton Line Manager of Planning — Request for Settlement Area Expansions — County of Elgin Director of Community and Cultural Services — Cycling History Murals Project Overview Director of Engineering Services — Enterprise Geographic Information System Director of Engineering Services — UpLink Communications Municipal Road Access Agreement W, Prugressive by Nature RECOMMENDATIONS: It is recommended that: 1 REPORT TO COUNTY COUNCIL FROM: Jeff Lawrence, Tree Commissioner/Weed Inspector DATE: February 9, 2021 SUBJECT: Clearing Exemption Application for Lot 4, Concession 14, Municipality of West Elgin, County of Elgin 1. The within Report, dated February 9, 2021, be received and filed. 2. Council approve the Council Exemption for Woodlands Clearing Application submitted by Lou Nirta on the following conditions: (a) Planting of 525 trees of approved species and height in location(s) acceptable to Tree Commissioner; (b) Proper demarcation of both the interior boundary line of the "Disputed Area" and a line 5 feet with the area to be harvested by a qualified surveyor with confirmation to the Tree Commissioner; (c) No harvest or removal of trees within the 5-foot buffer of land between the lines marked as set forth in item (b) above; (d) Harvest and removal of trees only in a manner that does not allow any tree to fall within the "Disputed Area"; (e) No damage to be caused within the "Disputed Area" including any trees or vegetation therein; (f) Harvest/removal works not to begin prior to specific written authorization from the Tree Commissioner after inspection of site following at least 48 hours notice of proposed commencement of such works; (g) No entry within the "Disputed Area" during the harvest/removal works; (h) Monitoring of the tree harvest/removal works by the surveyor or professional forester retained by the Applicant to ensure no works are undertaken in the 5-foot strip as referenced above and/or within the "Disputed Area". Applicant must provide written notice of identity of retained monitor at least 7 days prior to commencement of harvest works. After completion of the tree removal works, 27 2 Stained surveyor/forester shall file a written report with the Tree .,.,,,,missioner outlining observations and confirming compliance with conditions. INTRODUCTION: The Tree Commissioner received an application for Council Exemption for Woodlands Clearing from Lou Nirta, requesting permission to clear 0.34 hectares (-0.83 acres) of woodland for the purpose of providing driveway access to a lakeside parcel of property on Part of Lot 4, Concession 14, in the Municipality of West Elgin. HISTORICAL BACKGROUND: Historically, Mr. Nirta has accessed his lakeside parcel through Hickory Grove Campground, located immediately west of the lakeside parcel, although a 33-foot right of way at the extreme west of Lot 4 did exist In 2015, Council granted the Applicant an Exemption to clear trees from the 33-foot right of way, although work was not undertaken and the Exemption expired. The Exemption decision required the Applicant to plant 525 trees of acceptable species/stock at a predetermined location on their lakeside parcel, to pay all monies outstanding in respect of prior convictions, and to comply with all signage and notice requirements as required by By-law 05-03 prior to the commencement of the exempted clearing of trees. In 2018, Mr. Nirta acquired registered title to the 33-foot strip as well as an additional 40-foot strip of land immediately to the east. It is understood that the purpose of the combined 73-foot strip of land, or a portion thereof, is an access Ianeway from Gray Line to the southern lakeside parcel overlooking Lake Erie. In 2019, Mr. Nirta submitted an Application for Council Exemption to permit the clearing of trees from the former 33-foot right of way. At that time, the Hickory Grove Campers Association objected to approval of the Council Exemption Application based on dispute as to ownership of the 33-foot right of way from which Mr. Nirta proposed to remove trees. Council ultimately denied approval of that application. Of note, the Applicant Nirta was previously convicted of violations of Woodlands Conservation By-law 05-03 for the removal of trees from the right-of-way in question. All financial penalties levied under these convictions were paid in full. 28 3 DISCUSSION: The current application seeks permission to remove trees from the easterly 40-feet of the 73-foot strip to facilitate construction of the access laneway. The following maps depict the property subject of this application as well as the approximate location of the proposed clearing. Included is a scanned portion of a survey for the property at the location of the proposed clearing that notes the 33-foot strip as well as the 40-foot strip. As per the requirements of the Woodlands Conservation Bylaw, letters were sent to all adjacent landowners and the property was posted 21 business days in advance of the application being considered by council. No objections from neighbouring landowners or from the general public were received during the posting and notification process, although comments were received from counsel representing the Hickory Grove Campers Association. Correspondence received from counsel representing the Hickory Grove Campers Association with respect to this application indicate that they do not object to removal of trees from the eastern 40-foot strip — the correspondence further noted, however, that legal proceedings concerning the ownership of the remaining 33-foot strip, comprising the former right of way, are ongoing. A photocopy of the correspondence from counsel for the Campers Association is attached for review. The applicant has identified the area on the following map as the area that they would be willing to reforest by planting 525 trees in order to meet Elgin County's "No Net Loss" Policy, and has indicated that they expect to plant more trees in this area than would be required to meet the "No Net Loss" Policy. Noting that ownership of the adjacent 33-foot right of way is disputed and legal proceedings are ongoing, following discussion with the County Solicitor, Council may wish to consider imposing the following additional conditions to approval: 1) Proper demarcation of both the interior boundary line of the "Disputed Area" and a line 5 feet within the area to be harvested by a qualified surveyor with confirmation to the Tree Commissioner; 2) No harvest or removal of trees within the 5 foot buffer of land between the lines marked as set forth in item 1) above; 3) Harvest and removal of trees only in a manner that does not allow any tree to fall within the "Disputed Area"; 4) No damage to be caused within the "Disputed Area" including any trees or vegetation therein; 5) Harvest/removal works not to begin prior to specific written authorization from the Tree Commissioner after inspection of site following at least 48 hours notice of proposed commencement of such works; 0% 0 6) No entry within the "Disputed Area" during the harvest/removal works; 7) Monitoring of the tree harvest/removal works by the surveyor or professional forester retained by the Applicant to ensure no works are undertaken in the 5 foot strip as referenced above and/or within the "Disputed Area". Applicant must provide written notice of the identity of the retained monitor at least 7 days prior to commencement of harvest works. After completion of the tree removal works, the retained surveyor/forester shall file a written report with the Tree Commissioner outlining observations and confirming compliance with conditions. FINANCIAL IMPLICATIONS: None. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ❑ Ensuring alignment of ❑ Planning for and current programs and facilitating commercial, services with community industrial, residential, need. and agricultural growth. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: None. Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Kip 5 CONCLUSION: This application, if granted and with conditions, will be consistent with Elgin County's "No Net Loss Policy". Reforesting the area proposed by the landowner will ultimately: 1) Replace the equivalent area of forest to be removed; 2) Enhance and expand upon an existing woodland; 3) Potentially increase species diversity within the wooded area. All of which is Respectfully Submitted Jeff Lawrence Tree Commissioner/Weed Inspector Approved for Submission Julie Gonyou Chief Administrative Officer 01 ,f I /f II • �^`��VV�VV�VIO�V���� �///////��/ VVVVVVVVVVVVVVVVVVVVVVVVV VVVVVVVVVVVVVVVVVVVVVVVVVVVV // /�//// ,: < I / / / �G u Alf", if cu ut CU cu /f I /f II • • IIQI IOI N 1 /� i i✓ • / IN /y g, / ,/ /,I, j� Ron IY jlveg �sp ;u1Ji U / �f A cu fji cu Fill cu t VI,, January 15, 202 1 AA E-MAIL: ieff(ii),ketticei-ccl(c4)iisei,-vation.oii.eii Kettle Creek Conservation AL11horily 44015 Ferguson Line St.Thornas, ON N511 3T3 Attention: Jeff Lawrence, Elgin CountyTree Commissioner Dear Mr. Lawrence: Our File No,: 0901 Re: Nirta Application fort By -Law Exemption Position of Hickory Groves Campers Association I We act as litigation lawyers for Hicl(ory Grove Campers Associatio�i ("'the Association") We have been provided with a copy ofyour letter, dated Deceniber 10, 2020 ', addressed to 'the Association, for as response. We have obtained as copy of the Application, dated N(,iveniber 10, 2020, made by Lou Nirta, frorn the Edgin County Solicitor, in order to Fully, understand the intended scope ofit. In response to your letter, I am instr-ucted by the Association tea make no ojecfion to the relief' sought by the applicant. This is on the understanding that the applicant, when clearing the woodlands an(,[ creating a road, will avoid the Disputed Property (naincly, Part 1, Plan I I R-5840),, which is (lie subject oforigoing litigation before the Court. It is also on the understanding that the County will impose satisfactory conditions for the planting of'replacenient trees by the applicant, at his uwn expense, under the direction ofa qualified lbrester. For the purpose ofclarity, the Disputed Property, referred to above,, consists ol'a 33.02 -1 foot wide strip ofland running 1,672.97 let along the northwest lot line, between Lots 3 and 4, which is described as Part 1, 11 R-5840. Please find attached a copy of the pleadings exchanged between the Applicant (as Plaintiff) and the Association (as Defendant) in as court action, bearing London court file number 343/1 9�. REP For the purpose of further clarity, in the Nirta Application, at question 6, the Association takes the position that the answer provided by the applicant is misleading and inaccurate. The original Permit and subsequent application for one, referred to, related to the Disputed Property, not Part 1, Plan I I R- 103 00, over which the within application is being made, Further, the Association disagrees with the applicant's characterization of' the events giving rise to the expiration of the original Permit. We trust that our position is clear. If YOU have any questions or concerns, please contact the writer, Yours Very truly, FRAUTS LAWYERS Adrien P. Cameron APC/sc Encl. cc: Client cc. Lawyer for the Applicant, by email attachment cc: Elgin County Solicitor, by email attachment 37 1 REPORT TO COUNTY COUNCIL FROM: Michele Harris Director of Homes and Seniors Services DATE: February 16, 2021 Prugfressive by Nature SUBJECT: Homes — Administration Policy Manual Review and Revisions RECOMMENDATIONS: THAT the report titled: "Homes — Administration Policy Manual Review and Revisions" dated February 16, 2021 be received and filed; and, THAT Council approve the "County of Elgin Homes and Seniors Services Administrative Policy Manual Review and Revisions" for 2020. INTRODUCTION: Departmental policy and procedure manuals ensure consistency and quality in the services provided by Elgin County Homes and Seniors Services. As per the Long -Term Care Homes Act (LTCHA), 2007, policies and procedures are to be reviewed annually. This ensures inclusion of Best Practice and legislative guidelines and aligns with the LTCHA and Regulations. DISCUSSION: The Homes Policy Manual for Administration has been reviewed and revised by the Director of Homes and Seniors Services. The revised manual includes revisions to the following policies and procedures: • 1.25 Pet Visitation — updated to include direction regarding pet visitation by the local public health unit during a pandemic • 1.33 Staffing Plan — Nursing and Personal Support Services — updated to include guidelines for a staffing contingency plan during an outbreak • 1.35 Visitors and Resident Absences During a Pandemic — updated to incorporate visitor and resident COVID-19 testing requirements to align with ministry directives and/or public health guidelines 38 NEW — Operational/Scheduling Cohorting Plan — developed as per ��,uirements of Ministry of Long -Term Care Directive #3 for Hospitals and Long - Term Care Homes; and, per requirements of the Provincial Long -Term Care Home COVID-19 Outbreak Standard Operating Procedures, December 17, 2020 3.17 N-95 Fit Testing — updated to include guidelines per Ministry of Long -Term Care Directive #5 for Hospitals and Long -Term Care Homes 4.5 Policy Review — updated to include AdvantAge Ontario name change; and, updated timelines for policy review Nursing Policy Manual — Skin Care and Wound Management — updated to align with 2020 ministry inspection report recommendations FINANCIAL IMPLICATIONS: It is imperative that staff ensure that the requirements of the LTCHA, 2007, including policy review, are met to support compliance and appropriate funding to the LTCH's. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Additional Comments: Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. 2 KR 3 COMMUNICATION REQUIREMENTS: The revised policy changes will be communicated to staff, residents, visitors and contracted workers as required within the LTCHA, 2007, and, through the online Surge learning education portal. CONCLUSION: The administration manual policy revisions align with the LTCHA, 2007, related Regulations and best practices to support resident and staff safety and service delivery. The policy manual in its entirety and the noted policy revisions may be reviewed through the County Website V"aii���o //r��r��r��....�kl�sii u�;t�ldl i%�.� n��l u��,�i���k<� �sei iigu< k 2�:::..I°:I.n���������.1��. All of which is Respectfully Submitted Michele Harris Director of Homes and Seniors Services Approved for Submission Julie Gonyou Chief Administrative Officer Elt E191,11, RECOMMENDATION: 1 REPORT TO COUNTY COUNCIL FROM: Nancy Pasato, Manager of Planning DATE: February 26, 2021 SUBJECT: Approval for Official Plan Amendment No. 19, Part of Lot 24, Concession 3, Township of Malahide, Ontario, 51631 & 51553 Calton Line File No.: MA-OPA 19-20 Owner: 1111944 Ontario Limited (Creative Enterprises), David & Mary Thiessen THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No.19 to the Township of Malahide Official Plan, File No. MA-OPA 19-20; and, THAT staff be directed to provide notice of this decision in accordance with the Planning Act. INTRODUCTION: This report will provide County Council with information required in order to consider granting approval to the above noted Official Plan Amendment. The Township of Malahide submitted Official Plan Amendment No.19 to the County of Elgin on December 23, 2020 for approval. In accordance with Section 17 of the Planning Act the "Approval Authority" is required to make a decision in which it may approve, modify or refuse to approve an official plan amendment. If the "Approval Authority" fails to make a decision within 120 days after the amendment is received any person or public body may appeal to the Local Planning Appeal Tribunal. Ell 2 DISCUSSION: The existing lot occupied by Creative Enterprises comprises an area of 3.3 hectares (8.2 acres), a frontage of 205 metres (673 ft) on Calton Line and a depth of 163 metres (535 ft). The area of the parcel proposed to be conveyed and merged in title with the existing lot comprises 2.9 hectares (7.2 acres). The subject lands comprise, in total, an area of approximately 6.2 hectares (15.4 ac), a frontage of approximately 216 metres (709 ft) on Calton Line and a depth of approximately 243 metres (797 ft). The existing lot is occupied by various buildings and structures and open storage associated with an established industrial use (Creative Enterprises) engaged primarily in the manufacturing of concrete mixer drums and agricultural processing equipment. The conveyed parcel is devoid of buildings and structures and comprises agricultural land. The owners are proposing to construct a new manufacturing building and related open storage on the parcel of land proposed to be conveyed and added to the existing lot. The new building would comprise a floor area of 4,459 sq m (48,000 sq ft). The plant on the existing lot would be increased in size from 6,549 sq m (70,500 sq ft) to 8,606 sq m (92,640 sq ft). The total building area of the site at build -out would be substantial, approximately 13,065 sq m (140,640 sq ft). A site plan has been filed showing the location of the new building, the addition to the existing building along with all associated outside storage areas with the Township of Malahide. Neighbouring lands are predominantly used for agricultural purposes (cash crop). Rural residential development is scattered in the area, with the largest residential concentrations lying to the west of the subject lands in the Hamlet of Mount Salem. A location map is attached for reference. The Official Plan amendment application is to amend the Malahide Official Plan as it applies to the above -mentioned lands from `Agriculture' to `Specific Policy Area' to recognize and permit the expansion of an established industrial use (Creative Enterprises) through the construction of an addition to the existing industrial building, as well as the construction of a new building and open storage on abutting lands proposed to be added to the lot occupied by Creative Enterprises. A corresponding application has been made to amend the Township of Malahide Zoning By-law to change the zoning of the lands from the Farm Industrial (M3) Zone to a `site -specific' Farm Industrial (M3-#) Zone to permit this expansion. A copy of the Malahide adopted OPA No. 19 and amendment maps are attached to this report. Ey 3 Provincial Policy Statement, 2020 (PPS) The preservation of prime agricultural land is a provincial priority in the PPS. A limited amount of non-agricultural uses are permitted in prime agricultural areas (2.3.6), such as: - extraction of minerals, petroleum resources and mineral aggregate resources; - limited non-residential uses, provided that all of the following are demonstrated: o the land does not comprise a specialty crop area; o the proposed use complies with the minimum distance separation formulae; o there is a demonstrated need within the planning horizon; o alternative locations have been evaluated, and there are no reasonable alternative locations which avoid prime agricultural areas and there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. Any impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands are to be mitigated to the extent feasible. Policies in the PPS also speak to employment and the protection of employment lands (1.3). Planning authorities shall promote economic development and competitiveness by providing for an appropriate mix and range of employment uses to meet long-term needs, and providing opportunities for a range and choice of suitable sites for employment uses which support a wide range of economic activities. As indicated/confirmed by the consultant in the Planning Justification Report: • The subject lands do not comprise a specialty crop area. The subject lands are within a Class 3 rating in the Canada Land Inventory (Agricultural Information Atlas, OMAFRA) and do not comprise a specialty crop area; • There are no major livestock operations in the vicinity of the subject lands therefore MDS is not a consideration; • There are no reasonable or better alternative locations that would avoid prime agricultural areas with respect to the avoidance of Class 1, 2 & 3 soils in the Township of Malahide; • There is minimal potential for conflict with neighouring agricultural parcels/uses; and • Establishing a new industrial operation of comparable size elsewhere within the Town of Aylmer or Township of Malahide within a settlement area on lower soil class lands is problematic, as there are no lower priority lands available. 43 cial Plan 0 The subject site is designated Agricultural Area on Schedule `A' of the County of Elgin Official Plan (OP). From an Employment perspective (C1.1.3) it is the objective of the County OP to: • monitor and ensure that there is a 20-year supply of land for all types of employment uses in a number of different settings and locations at all times; • recognize that there are many types of employment in the County and that each has different locational requirements that are necessary to support their continued viability; • encourage local municipalities to protect employment areas from land uses which may affect the continued viability of existing and future employment uses and their expansion in the future; • encourage and promote development in appropriate locations that combines a mix of employment uses and supporting uses to facilitate the more efficient use of urban land; • promote the efficient use of existing and planned infrastructure by creating the opportunity for various forms of intensification, where appropriate; and, • require a high standard of urban design for development and redevelopment. In the County OP, policies related to non-agricultural uses (C2.9) attempt to limit non- agricultural uses in the agricultural area. However, applications to amend the local Official Plan to develop such uses may be considered subject to the submission of appropriate studies that demonstrate the following: • there is a need within the planning horizon of this Plan for the proposed use; • the lands do not comprise a specialty crop area; • there are clearly no other reasonable alternatives that are outside of prime agricultural areas; • there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands; • the proposed use will not be located in an area that may have an impact on the efficient and logical expansion of nearby urban areas; • the proposed use meets the required MDS I setback distances; and, • impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands should be minimized to the extent feasible. • The continuation and expansion of these employment lands, although not ideally located, is necessary, and there is a need to continue this use. The subject lands do not comprise a specialty crop area. There are no reasonable alternatives outside of prime agricultural areas with lower priority agricultural lands. The proposed use is not be located in an area that may have an impact on the 44 5 efficient and logical expansion of nearby urban areas. There is no identified Minimum Distance Separation (MDS 1) issue from neighbouring livestock facilities. There is not expected to be any impacts from the expanding industrial operation on surrounding agricultural operations given the pre-existence of an already significant and well -established manufacturing facility. The expansion of this use is considered a desirable alternative to establishing the use elsewhere in the Township or beyond. FINANCIAL IMPLICATIONS: There will be no financial implications for the County as a result of this application. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ❑ Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Growing Elgin ® Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: This OPA No 19 will affect the Township of Malahide. COMMUNICATION REQUIREMENTS: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. None. Notice of adoption will be sent as per the requirements of the Planning Act. Eli A CONCLUSION: The Council of the Township of Malahide supports this Amendment and adopted it by By - Law 20-84 on December 17, 2020. The Manager of Planning has reviewed File No. MA OPA19-20, and therefore is of the opinion that this Official Plan Amendment is consistent with the Provincial Policy Statement 2020, and conforms to the County of Elgin Official Plan, as the expansion of this use is a reasonable alternative in order to protect and enhance existing employment. All of which is Respectfully Submitted Nancy Pasato Manager of Planning Approved for Submission Julie Gonyou Chief Administrative Officer EI: Location Map Subject Site: 51631 & 51553 Calton Line File Number: MA-OPA 19-20 Owner: David & Mary Thiessen & 1111944ONTARIO LIMITED Planner: Nancy Pasato Created By: TE Date: 09/02/2021 The Corporation of the County Elgin Prepared By: Planning and Development Meters 0 1530 60 90 120 47 Scale 1:2,915 Legend Subject Site ® Severance ® Retained Elgin Road Network Buildings d�TOWNSHf'!�� A proud tradition, a bright future �N I, Diana Wilson, Deputy Clerk of the Township of Malahide, do hereby certify that attached is a true copy of the By-law No. 20-84, being a by-law to adopt Official Plan Amendment No. 19, as enacted by the Council of The Corporation of the Township of Malahide on the 17th day of December, 2020. Dated at the Township of Malahide on this 18th day of December, 2020. 48 MENDMENT»# `® TO ©-2 � # y»?2® #° ?f:± #« Subject: ©:»l 'Specific © f#<<© Area 2#.< <<+<» #sm2# Ltd. (Creative v «2 Enterprises) 51631 { 51553 Calton Line « m M, WHEREAS the Township of Malahide has an official plan that is in effect, adopted by Council on -U-, August 2001 and approved by the Ministry of Municipal Affairs on 9 March 2003, and as subsequerl amended; and WHEREAS a meeting of Council, open to the public, was held on November 5, 2020 for the purpos of considering a proposed amendment which would recognize and permit the use and expansion of existing industrial use by applying a 'Specific Policy Area' designation in accordance with Sec and Section 3.4.4 of the Official Plan; WHEREAS the proposed amendment would be consistent with the Provincial Policy Statement, Malahide would be maintained, WHEREAS the Council of the Corporation of the Township of Malahide now deems it expedient to adopt the proposed amendment to the Official Plan of the Township of Malahide; THEREFORE the Council of the Corporation of the Township of Malahide, in accordance with Section 17 of the Planning Act, R. S. 0., 1990, as amended, hereby enacts as follows: THAT Amendment No. 19 to the Official Plan of the Township of Malahide, consisting of the attached explanatory text and Schedule 'A' and 'Schedule 13', is hereby adopted. 2. THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 19 to the Official Plan of the Township of Malahide. 3. THAT Amendment No. 19 shall not come into force or take effect unless and until it has be approved in accordance with the Planning Act, R.S.O., 1990, as amended. I L 1131'IM027 11111111111111111 Jill' 1;:� Amendment No. 19 to the Official Plan — 1111944 Ontario Ltd. (Creative Enterprises) page 2 Township of Malahide December 17, 2020 6% The purpose of this Amendment is to change the designation as it applies to certain lands situated on the south side of Calton Line (County Road No. 45) west of Sawmill Road, being part of Lot 24, Concession III in the Township of Malahide. The change in designation, from 'Agriculture' to 'Specific Policy Area', recognizes and permits the use and expansion of an ablished industrial operation by Creative Enterprises. The expansion of non-agricultural industrial uses in rural areas beyond those lands designated 'Suburban' and/or within the 'Settlement Area' of Springfield requires an amendment to the Township of Malahide Official I- Ian. The subject lands comprise an area of approximately 6.2 hectares (15.4 ac), a frontage of approximately 216 metres (709 ft) on Calton Line (County Road No. 45) and a depth of approximately 243 metres (797 ft). The lands are occupied by various buildings and structures and open storage associated with an established industrial use (Creative Enterprises) engaged in the manufacturing of concrete mixer drums and agricultural processing equipment. The owners are proposing to construct a new manufacturing building and related open storage on an abutting parcel of land proposed to be conveyed and added to the existing lot (Figure 1) where no new lot would be created. The new building would comprise a floor area of 4,459 sq m (48,000 sq ft). The plant on the existing lot would be increased in size from 6,549 sq m (70,500 sq ft) to 8,606 sq m (92,640 sq ft). The total building area of the site at build -out would be in the order of 13,065 sq m (140,640 sq ft). Neighbouring lands are predominantly used for agricultural purposes (cash crop). Rural residential development is scattered in the area, with the largest residential concentrations lying to the west of the subject lands in the Hamlet of Mount Salem. annum The rationale for amending the Official Plan is based on the following considerations. i) Under the Provincial Policy Statement 2020 (PPS), the preservation of prime agricultura' land continues to be a matter of provincial concern. The subject lands have a Canada Land Inventory (CLI) ranking of Class III and are considered to lie in a 'Prime Agricultural Area'. 71'hile the preservation of prime agricultural land is a matter of provincial concern, so too is the promotion of economic development. The relevant policies of PPS are those related to Employment (Section 1.3) and Non -Agricultural Uses in Prime Agricultural Areas (Section 2.3.6). Establishing consistency with PPS is tied to satisfying the criteria of Section 2.3.6 regarding justification for the proposed expansion of Creative Enterprises and the potential loss of approximately 2.9 hectares (7.2 ac) of "prime agricultural land". Amendment No. 19 to the Of Plan — 1111944 Ontario Ltd. (Creative Enterprises) page 3 Township of Malahide December 17, 2020 611 • FOR AN OFFICIAL PLAN AMENDMENT Civic Planning Solutions (c/o David Roe), agent for 1111944 • Ltd (Creative Enterprises and David & Mary Thiessen) 51631 & 51553 Calton Line Township of Malahide I IN 1 -.4 Km k b'-j : A : tol 12 LOB : 14 114 W, W-111 I A rJ Township of MALAHIDE FIGURE I 'A 'm N Metres 0 1020 40 Based on information provided to the Township as part of the Planning Justification Report (Civic Planning Solutions Inc.) and as reviewed by Monteith Brown Planning Consultants, it is concluded that: there are no reasonable or better alternative locations that would avoid prime agricultural areas. In terms of the potential for conflict with neighouring agricultural operations, the expansion Creative Enterprises is unlikely to result in any greater conflicts than those which may already exist. The onus will be on the owner, at the site plan approval stage, to demonstrate that either appropriate separation distances are maintained or, alternatively, what other mitigation measures can be employed to ensure compatibility with neighbouring sensitive uses. *with respect to Class 1, 2 & 3 soils, it is virtually impossible to avoid using such lands in the Township of Malahide, and the loss of 'Class 3' agricultural land is appropriately weighted in this case against the impacts of alternative scenarios, namely, establishing a comparably -sized and functioning industrial operation elsewhere within the confines of a settlement area such as the Town of Aylmer or otherwise seeking out other suitable lands (with buildinga) already designated for industrial purposes on a lower soil class rating. Based on the information presented, such a scenario does not exist in Malahide. *the modest size of the parcel to be utilized for the proposed industrial expansion calls into question the viability of the lands for productive agricultural purposes. There is nothing to suggest that the balance of the farm parcel (owned by David and Mary Thiessen) will become less viable for productive farm purposes. 9 no major livestock operations have been identified by the applicant in the vicinity of the subject lands. In view of the foregoing, the re -designation of lands to 'Specific Policy Area No. 12' wou be consistent with the relevant policies of the PPS. I i�i) The subject lands are designated 'Agriculture Area' on Schedule'A' of the County of Elgin Official Plan. The relevant policies are as follows: Employment Areas It is the objective of this Plan to: a number of different settings and locations at all times; b) recognize that there are many types of employment in the County and that each has different locational requirements that are necessary to support their continued viability; ♦ c) exc#urt-g-, kcv/ mgxiq1;#,?1ities t# Ar#tect 6xiXltymaw q-rd9s_fr#m lanif yzas which ma,,Lah!�.ct 4 1 V ............... ............ ..... - - - - - - - - - ........... h _zli# 14"4N Amendment No. 19 to the Official Plan — 1111944 Ontario Ltd. (Creative Enterprises) page 4 Township of Malahide December 17, 2020 53 d) encourage and promote development in appropriate locations that combines a mix of employment uses and supporting uses to facilitate the more efficient use of urban land; I'll -fyw,#�vl i4AW iiAl""7"i & AMAILAA fiArnmoggrgAgil M 0 .0ICI 1 C2.9 RECREATIONAL AND OTHER NON-AGRICULTURAL USES The development of new recreational uses and expansions to existing recreational uses, such as golf courses and driving ranges, and cemeteries is not permitted on lands designated Agricultural Area by this Plan since it is the intent of this Plan to protect lands which are suitable for agricultural uses for the long term. However, applications to amend the local Official Plan to Vj4j"t studies, including an Agricultural Impact Assessment, that demonstrates to the satisfaction of the County that: a) there is a need within the planning horizon of this Plan for the proposed use; b) the lands do not comprise a specialty crop area; c) there are clearly no other reasonable alternatives that are outside of prime agricultural areas; d) there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands; ix-_2,W PWi! tk,,A_­VVY4-VVs �ne logical expansion of nearby urban areas; 0 the proposed use meets the required MDS I setback distances; and, g) impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands should be minimized to the extent feasible. Site -specific local Official Plan Amendments of this nature will not require an Amendment to this PN,Y. As previously stated, the subject lands do not comprise a specialty crop area. There are no reasonable alternatives outside of prime agricultural areas, or for that matter in prime agricultural areas with lower priority agricultural lands. Impacts from the proposed industrial expansion on surrounding agricultural operations are not expected to be significant given that the existence of Creative Enterprises is already well established and given that the industrial use will be subject to site plan control in concert with any recommended mitigating measures An expansion of the existing industrial facility at the subject location is considered a desirable alternative to its relocation elsewhere in the Township. Subject to this amendment to the Township Official Plan and corresponding Zoning By-law amendment and site plan control, conformity with the County of Elgin Official Plan would be maintaine,il. iii) The subject lands are designated 'Agriculture' on Schedule Al' of the Township of Malahide Official Plan. The Plan includes specific requirements governing new non- agricultural uses and large-scale industrial uses in the 'Agriculture' designation, namely: V#WCAll I'M 0-A l-'Orrily, Vare WaT1MTTWn1WI lairafs -d#,rat rd Amendment No. 19 to the Official Plan - 1111944 Ontario Ltd. (Creative Enterprises) page 5 Township of Mail December 17, 2020 54 lands from a prime agricultural area; no reasonable alternative locations which avoid prime agricultural areas; andlor there being no reasonable alternative locations within the prime agricultural area with lower priority prime agricultural lands. 2.1.2.6 In evaluating proposals for non -farm uses, Council shall require a presentation of the S&Rt429 #vM-Ms 4WW'k,# egress to the site, parking facilities, existing land use and surrounding land uses, building location, site characteristics, and proposed buffering and landscaping. 3.4.4 Industrial — Large Scale 3.4.4.1 The TownsN-ti;�.1VfPM, W ;w-W,7f -_F0 rg. rely on, collaborate with, and benefit the existing agricultural economies found within the Township. The preferred locations for such shall be in the "Suburban Areas" land use designation or within lands designated "Industrial" in the Village of Springfield. Such uses may be permitted on a site -specific basis outside of these areas, in accordance with Section 2.1 of this Plan. The criteria of Section 2.1.2.4 are capable of being satisfied as previously identifieo cy Similar amendments to the Official Plan have been treated as 'Special Polic _ Area rr Based on the information provided, reasonable alternatives elsewhere which avoid prirr agricultural land do not exist. f-IT -7,7 M I L -77177 kSection C16) wM apply through the planning approval process. A site plan must be prepared and approved, and the necessary site plan agreement entered into with the owner and registered on title. An amendment to the Township of Malahide Zoning is required to recognize and permit general industrial use. The application of the "holding' (H-1) symbol will prevent prematul .*'evelopment until such time as a site plan agreement has been entered into to fil-fig q-atisfaction of the Township. M FM of this part of the Amendment entitled 'Part B - The Amendment', consisting of the following text a Schedule 'A' and Schedule 'B', constitutes Amendment No. 19 to the Amendment No. 19 to the Official Plan — 1111944 Ontario Ltd. (Creative Enterprises) page 6 Township of Malahide December 17, 2020 6R Is] 1 . Section 3.8 of the Official Plan of the Township of Malahicle is hereby amended by the addition (01 the following subsection. The lands situated on the south side of Calton Line (County Road No. 45), west of Sawmill Road in Part of Lot 24, Concession III in the geographic Township of Malahide, and designated "Specific Policy Area" on Schedule W, may be used, developed and zoned for industrial purposes. A consent may be granted to permit the enlargement of lands occupied by Creative Enterprises where no new lot is creafP_d__L%P_4�AwA1_� -&-j! wW s�&24a T the Township's Zoning By-law and the holding ("H") symbol applied with its removal contingent upon a site plan agreement being entered into. The owner shall be responsible for ensuring that all studies deemed necessary to identify and mitigate any impacts arising from the industrial expansion are provided to the satisfaction of the Township." 2. Schedule All, Land Use, of the Official Plan of the Township of Malahide, is hereby amended changing the designation of part of Lot 24, Concession III from 'Agriculture' to 'Specific Poli Area No. 12' as shown on Schedule'B hereto. I The following appendices do not constitute part of Amendment No. 19 but are included as information supporting the amendment. Appendix I - Notice of Public Meeting Appendix 11 - Minutes of Public Meeting, 5 November 2020 Appendix III - Correspondence Amendment No. 19 to the Official Plan — 1111944 Ontario Ltd. (Creative Enterprises; Township of Malahide December 17, 2020 61p, 3 OFFICIAL PLAN OF THE TOWNSHIP of MALAHIDE I I r—JAVON bLHtUULt Al vil TOWNSHIP of MALAHIDE: CD LAND USE ,—,e', "Y� VittEn IX, 2 0 IJ X (4 21 22 LYONS mi ID 0 7 N11 ;2 Resource Uses �X Base Features Provincial Highway 3 Bypass (Future) County Roads Local Roads Hamlet Railway Mineral Aggregate Resource Area Natural Gas Reserves Watercourse/Shoreline Agriculture Non Resource Uses Suburban Area df Highway commercial Conservation Lands Specific Policy Areas Mineral Aggregate Operation Natural Heritage moga4p, Kilornetres 0 0.75 1.5 3 Schedule "Al" forms part of 160"1 Pla A -A, conjunction with the written text n as 11',-13 34 ;Sri. d CALTON 43 57 h ul ' µ N q� Metres 75 150 300 . _ a-_ Progressive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Nancy Pasato, Manager of Planning DATE: February 23, 2021 SUBJECT: Request for Settlement Area Expansions — County of Elgin THAT the report titled "Request for Settlement Area Expansion — Municipality of Dutton Dunwich" dated February 17, 2021 from the Manager of Planning be received and filed; and THAT the Warden be directed to send a letter to Hon. Steve Clark, Minister of Municipal Affairs and Housing and to Hon. Jeff Yurek, MPP, detailing the need for additional amendments to the Provincial Policy Statement that would allow municipalities to expand settlement areas in a timelier fashion; and THAT Council provide direction with respect to whether an advanced study including population projections and growth forecasting for the Municipality of Dutton Dunwich be conducted by a consultant engaged by the Corporation of the County of Elgin in advance of the data/projections that will be gathered to support the Official Plan 5-year Review. INTRODUCTION: At its meeting on February 9t", 2021, Council received information from Councillor Purcell regarding local development pressures including an urgent need to expand settlement areas in the Municipality of Dutton Dunwich (Dutton Dunwich). Councillor Purcell noted that the current Official Plan (OP) 5-year Review process may be too slow to capitalize on time -sensitive development opportunities. As directed by Council, this report seeks to provide additional information regarding settlement area expansions, specifically, what options exist for County Council's consideration. 1 6VI 2 BACKGROUND: As was put forth by Councillor Purcell, Dutton Dunwich is experiencing increased pressure for development to the current housing market. Dutton Dunwich would like to capitalize on this trend and provide more lands for immediate development. In their example, much of the 'designated' settlement area is not available for immediate development, whether that be through site constraints or lack of interest by owners. Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) 2020 sets the policy foundation for regulating development and use of land, including settlement areas. Settlement areas are the focus areas for growth and development and are areas within municipalities that are built-up where development is concentrated and where there is a mix of land uses. Planning authorities are encouraged to permit and facilitate a range of housing options, including new development as well as residential intensification, to respond to current and future needs. While ensuring an adequate supply of housing is an important Provincial consideration that is enshrined in policy, other equally important considerations are also included in the PPS, such as: • Protection of prime agricultural lands: The pandemic has made it abundantly clear that agriculture is a necessary and important component of any economy. Protecting farm lands and the right to farm is entrenched in Provincial policy. • Servicing: It is important that municipalities provide full servicing for potential development to protect residents. It also allows a municipality to plan for services in a more controlled manner. Services are an expensive endeavor and municipalities need to carefully consider how they will expand and pay for services. This is especially important in areas that are not subject to development charges, as these costs are borne by the taxpayers and could have a significant impact on property taxes for residents. • Infill and intensification: This allows for alternative housing that fits the needs of different residents. Single detached dwellings, although the preferred housing form across the Province, doesn't help people who may need more affordable housing options, such as smaller units, multi -unit and apartments. Ensuring settlement areas are defined and requiring 20% of new development to occur as infill and intensification, creates housing options that uses existing services (which typically means less costs associated with new and expanding services). Keeping settlement boundaries where they are encourages local developers and municipalities to look at alternative options. [xt 3 ..ul I C1IL "1 ficial Plan — Settlement Areas: In 2013, Elgin's OP identified 49 settlement areas within the County of Elgin, with a total of 700 hectares of land that were fully serviced in 2011. These lands alone could support considerably more population growth than what was projected for the County to 2031. There was also in excess of 1,000 hectares of potentially developable land in settlement areas on partial services (either municipal water or municipal sewer but not both) and within settlement areas that do not have any municipal sewer or water services. Revised data is required and will be gathered as part of the County's OP Review process. Until such time as new information is available and an amended OP is approved by County Council and the Province of Ontario, we rely on this information to inform planning decisions. The current Official Plan and population numbers do not support expansions to settlement areas in Dutton Dunwich. Elgin County's Role Elgin County is the planning authority for all local municipalities in Elgin. The PPS specifies that planning authorities may identify a settlement area or allow the expansion of a settlement area boundary only at the time of comprehensive review. A comprehensive review is initiated by a planning authority and is an OP review or an OP amendment which is initiated or adopted by a planning authority. Any settlement area expansions are subject to the policies of the PPS 2020. There are a number of tests that must be met prior to the County adjusting settlement areas as part of the comprehensive OP 5-year Review. Specifically, changing settlement areas must be justified by undertaking a number of studies that determine if there is existing or planning infrastructure capacity. Population Projections and Growth Forecasting Population projections and growth forecasting are necessary tools used by municipalities to guide data -driven long-term planning. The need to identify and allocate population, housing and employment projections for lower -tier municipalities, and to identify areas where growth or development will be directed, can only be done through a comprehensive review. Undertaking population projections and understanding the land needs for all of Elgin's municipalities is important, to ensure any plans for development protect our resources and agricultural lands, ensure a fair distribution of development across the County and F'Yd 0 are planned in a cost-efficient manner. It is important to note that projections are an estimate or forecast of a future situation or trend based on a study of present ones — projections are intended to capture highs and lows. Comprehensive Review One of the criteria for a comprehensive review required by the province is revised population and employment projections. A consultant will be hired to support the County's OP 5-year Review to complete population projections, employment projections, and land needs assessments across the County. As the upper -tier planning authority, the County will then use this data to identify and allocate population, housing and employment projections for lower -tier municipalities, and identify areas where growth or development will be directed. Using this data, the County will work with local municipalities to identify opportunities and appropriate locations for settlement expansions based on the PPS and County Official Plan criteria. This process supports the development of a settlement plan that identifies growth across the County in a manner that ensures each municipality has an opportunity to grow if appropriate. It is anticipated that this data will be available for Council's review October -December 2021. It is understood that the anticipated timelines for projection data do not align with the needs of Dutton Dunwich for a settlement area expansion. Option 2 (below) is presented for Council's consideration. DISCUSSION: There are a number of municipalities across the province who are in a similar situation to Dutton Dunwich. With limited options available to us at this time, and until such time as the OP 5-year Review is completed, the following lists three (3) options for Council's consideration: 1. Official Plan Amendment - A local municipality can request an OP Amendment to include a settlement boundary expansion. Though, without support of the PPS and current OP, the Manager of Planning would not be in a position to support the OP Amendment or recommend this as a viable option for Council. There are risks associated with approving an OP Amendment in advance of the OP 5-year review including precedent setting and possible repercussions for other municipalities. Additional lands would be included in the total allocation of growth across the County and may impact the ability for other settlement areas to expand as part of the process. Development capacity could be 5 ssumed by one municipality, rather than distributed evenly. nced Projections -Council may consider expediting population projections for Dutton Dunwich ahead of the rest of the County. Alternatively, Dutton Dunwich could hire its own consultant to undertake a population projection and land needs assessment and submit this with any settlement boundary OP Amendment. • There are added costs associated with completing an additional study. • There are risks, as noted for Option 1, that will exist if this data is presented in advance of other municipal data that will be collected through the OP 5-year Review. 3. Advocacy — Council may consider advocating to the Ontario government for changes to the PPS that would allow municipalities to expand settlement areas in a timelier fashion. • The Ontario government has made some changes to update the PPS in support of settlement area expansions, including a provision for land "swap" and allows boundary adjustments outside of a comprehensive review provided that there is no net increase in land within the settlement areas; the adjustment supports the municipality's ability to meet intensification and redevelopment targets established by the municipality; prime agricultural areas are addressed; and the settlement area to which lands would be added is appropriately serviced, and there is sufficient reserve infrastructure capacity to service the lands. No other policies were added to accommodate the allowance for boundary expansions. • Dutton Dunwich is not unique to pressures and challenges associated with prospective development. In the case of Dutton Dunwich, there is a proposed increase in land within the settlement area and no opportunity for a land "swap" Despite recent changes to the PPS, the accepted process remains expansion to settlement areas through a comprehensive review. FINANCIAL IMPLICATIONS: Option 2 (above) will have costs associated with a County initiated study of Dutton Dunwich. 63 A ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ® Ensuring alignment of ® Planning for and current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. There is potential for all Local Municipal Partners to be impacted by a decision to expand a settlement area in one municipality. COMMUNICATION REQUIREMENTS: It is recommended that all Local Municipal Partners be forwarded a copy of this report as it is likely development/expansion pressures exist in more than one municipality. CONCLUSION: The County has limited ability to support expansions to settlement areas that are not supported by the PPS or current OP. The County will, through the OP 5-Review 2021, retain a consultant to review population projections, employment projections, and land needs assessment across the County. Revised figures will be used, along with the PPS and County OP criteria, to identify opportunities for settlement expansions across the County. It is recommended that Council provide direction with respect to whether an advanced study including population projections and growth forecasting for the Municipality of Dutton Dunwich be conducted by a consultant engaged by the Corporation of the County of Elgin in advance of the data/projections that will be gathered to support the Official Plan 5-year Review. Alternatively, Council can provide direction to continue 64 7 the Official Plan 5-year Review process as is, and retain one consultant to complete population projections, employment projections, and land needs assessments across the County All of which is Respectfully Submitted Nancy Pasato Manager of Planning Approved for Submission Julie Gonyou Chief Administrative Officer Prugressive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: February 23, 2021 SUBJECT: Cycling History Murals Project Overview THAT the report titled "Cycling History Murals Project Overview" from the Director of Community and Cultural Services dated February 23, 2021 be received and filed. INTRODUCTION: The bequest received by Elgin County Museum in July 2020 from the estate of Donna Vera Evans Bushell provided $75,000 in funding to, according to the terms of the funding agreement, "animate the existing network of cycling trails throughout Elgin County by adding new murals and signs along these trails in collaboration with private and public partners, and emphasize the theme of transportation." This report provides County Council with a general overview of this particular project and proposed next steps. DISCUSSION: Elgin County Museum has a unique opportunity to work with the artistic community to install murals at strategic locations adjacent to bike trails across the County along a theme of transportation and cycling history. The County has a rich history in this regard, including laying claim to Luton native Perry Doolittle who developed one of the earliest bicycles and played a central role in the development of the first cycling body in Canada known as the "Canadian Wheelman". Funding from the Bushell estate will enable the installation of six murals spread out across Elgin County along this master theme. After deliberation with the estate representative, and further consideration by departmental staff, it is proposed that these murals be installed in the following communities: Port Burwell, Port Bruce, Belmont, Shedden, Dutton and Rodney. Library branches have been identified as potential locations for at least five of these murals. However, local municipalities who own the [SR 2 proposed buildings, have yet to indicate their support for proceeding which means that confirmation of exact locations is still premature. Staff will be seeking permission from municipal partners in the coming weeks. Mural development will proceed under a Request for Pre -Qualification (RFPQ) led by the County's Purchasing Coordinator. Work will be awarded on a site -specific basis, meaning that up to six artists could be engaged in the project. The Executive Director of the St. Thomas -Elgin Public Art Centre has agreed to act in an advisory capacity during this process. It is expected that this RFPQ will be issued and awarded by the end of spring 2021 and murals will be completed by fall 2021. FINANCIAL IMPLICATIONS: $75,000 has been received from the Bushell Estate to support this project. It is expected that as much as $60,000 will be devoted towards mural installation, with the remainder to support project administration, interpretive signage and contingencies. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ❑ Ensuring alignment of ❑ Planning for and current programs and facilitating commercial, services with community industrial, residential, need. and agricultural growth. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. Permission will be sought from local municipal partners before proceeding with the RFPQ for this project as it will likely involve municipally -owned buildings. The Director 67 3 of Community and Cultural Services and the Manager of Museum and Archives will lead this process. COMMUNICATION REQUIREMENTS: Not applicable. CONCLUSION: The mural project as outlined in this report is made possible due to the generous funding support of the Donna Vera Evans Bushell Estate. Other projects supported under this bequest are also in progress, including the development of a virtual reality app pertaining to sites of historical interest and digitization assistance to Elgin County Archives. All of which is Respectfully Submitted Brian Masschaele Director of Community and Cultural Services Approved for Submission Julie Gonyou Chief Administrative Officer 68 Prugressive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Brian Lima, Director of Engineering Services Al Reitsma, Manager of Information Technologies Mike Hoogstra, Purchasing Coordinator DATE: February 11, 2021 SUBJECT: Enterprise Geographic Information System THAT the report titled "Enterprise Geographic Information System" from the Director of Engineering Services, dated February 12, 2021 be received and filed; THAT the County approve the single source purchase of the ESRI Enterprise License Agreement for a three-year commitment in the total amount of $203,010.00, and ESRI implementation consulting with an up -set limit of $50,094.00 in accordance with section 4.7(c,d) of the Procurement Policy; THAT the County enter into a three-year GIS Enterprise License Agreement with ESRI Canada on behalf of the County of Elgin and its municipal partners be approved; and, THAT the Warden and Chief Administrative Officer be directed and authorized to execute the Enterprise License Agreement with ESRI Canada. INTRODUCTION: A Geographic Information System (GIS) is a set of tools for mapping and analyzing things that exist and events that happen. GIS integrates and organizes layers of spatial data (where things are) with non -spatial or descriptive data (what things are) to give a better understanding of a place or process and can play an important role in supporting the day-to-day operations of a municipality. The County started using GIS in 2011 in partnership with the East Elgin Mapping Services (EEMS), previously established in 2008, which has existed as an opportunity W 2 for GIS users to work in a coordinated and integrated manner to elevate the level of GIS available to all municipal partners, stakeholder and public users. The most visible outcomes of the EEMS were two internet-based mapping applications created and currently hosted by the Township of Malahide under an annual fee for service contract - a `Public Interactive "Elgin Mapping" System' .In �"f 111 iirin�f2��2 i� ��,.n 1i�::p u�k ski �... i� � q. ��„I �I�i� and a password protected `Internal Application'. Aside from the EEMS applications, the County and the municipalities of Malahide, and Central Elgin routinely utilize desktop GIS software and have spatial data sets. The balance of Elgin County municipalities has spatial data sets but do not utilize GIS software in-house. Expected increased use of GIS internet-based mapping applications is required for municipalities to maintain compliance indefinitely with the Municipal Asset Management Planning Regulation (O.Reg. 588/17), but the current suite of applications has constrained GIS within Elgin as a result of the system design limitations caused by varying degree of municipal partner participation. County municipal partner staff from each local municipality have been made aware that changes to the EEMS will need to occur as a result of regulations and have sought input concerning any future GIS program. In particular, Malahide staff has been working closely with us on this project. After consulting municipal staff, it is clear that municipalities need GIS to function effectively and efficiently, and that they would like an expanded system to do much more than the existing applications. Likewise, there are several County Planning, Economic Development, and other departmental initiatives that can only be provided with a more fulsome GIS solution. DISCUSSION: Moving Forward - Enterprise GIS With the support of Malahide staff, we believe that it is time to re -boot the GIS program within Elgin by moving forward with a new GIS system that would be comprised of a suite of tools distributed across the County and municipalities - an `enterprise GIS'. The Enterprise GIS would include (1) a central GIS server (2) advanced desktop GIS users (3) standard desktop and mobile GIS users and (4) cloud -based GIS applications. At the centre of the system would be a GIS server hosted by the County that would share GIS resources to internal and external users. The GIS server would allow for secure central data storage (to protect confidential information and information which is captured under privacy legislation) and would host applications or tools that the public rct 3 and municipal staff would utilize. The server would facilitate the use of shared data sets but also be able to provide segmented applications so that each municipality could have their own internal applications allowing local staff to access and directly maintain and manage local data The advanced desktop GIS users would be technical staff at the County and local municipalities that work with GIS to undertake both local processes but also to provide data to and retrieve data from the server. They would have access to a full suite of GIS software. The standard desktop and mobile GIS users would be non -technical staff at the County and local municipalities (such as building inspector, clerk, planner, operations field staff) that would be provided tools and applications to assist them in completing their duties. Most of the applications would be internet-based either on a desktop computer or on a mobile device such as a tablet for use in the field. The system would also utilize cloud -based internet GIS tools to provide public applications that do not contain private information and that need to be very flexible in their use. In fact, in advance of an Enterprise GIS solution, County staff have developed an interim version (that does not have full functionality of a server -based version) of a pp � .LL..I..,.....:n.: / using cloud -based GIS. series of applications I i�� �`..��.::.��...�..".�..�.�"..L.�...�..L..�....�..".:... While current system user limitations and provincial regulations are a catalyst, other factors support moving forward at this time with an Enterprise GIS system. The barriers to entry in terms of hardware, software, and license costs have steadily decreased and the technology now provides for a `distributed system' that we believe is necessary for a two-tier municipal system. Four Priority Areas The implementation of an Enterprise GIS system would allow the County and municipalities to undertake a number of enhanced GIS and mapping initiatives that could benefit almost all departments. We have identified four priority areas over the next twelve months: (1) Public Elgin Map, (2) Planning, Building and Municipal Drainage, (3) Public Works, and (4) Economic Development. Within each priority area there would be a number of applications specific to the user needs. Beyond the first twelve months, there are many potential GIS tools and applications that could be implemented however the next steps would be driven by the `client' municipalities and departments. An extensive list of `wants' has been identified including: public zoning, agricultural sector study mapping recommendations, MILS portal, parks and recreation, 311 map service, asset management, statistics viewer, emergency management, geo-design, election poll stations, garbage calendar, AVL, forestry, weeds, road closures, open data portal, etc. r`i 0 Software Vendor Over the past two years, staff have attended technology tradeshows, met with software vendors, met with other municipalities, and have concluded that there is only one source of supply for the Enterprise GIS that meets our requirements, ESRI (Environmental Systems Research Institute). ESRI is the largest supplier of GIS software (estimated to have over 75% of the GIS market share in the public sector) and offers a comprehensive suite of server, desktop, internet, and mobile GIS software. The County and four local municipalities (Bayham, Malahide, Aylmer, and Central Elgin) already use ESRI desktop software and maintaining ESRI software would minimize implementation time, training costs and maintain consistency in business processes that have already been developed. Migrating to a new software vendor would be costly, time consuming and a significant barrier. Many of our mapping and data partners that we frequently exchange information with also use ESRI software including the five (5) conservation authorities, the Southwestern Public Health, the Thames Valley District and London District Catholic School Boards, Fanshawe College, the City of St. Thomas, and the Province of Ontario. After reviewing the complete ESRI software line-up, we have concluded that the required software would be: ESRI ArcGIS Server, and the various desktop and web - based components. It is noted that the existing supporting Latitudes GeoCortex software currently used and hosted by the Township of Malahide on behalf of the EEMS will be transferred to the County at no additional cost. GeoCortex is an ESRI partner license that offers pre -built municipal applications and services that are then customized which significantly shortens the implementation and development time and which takes advantage of lessons learned from other municipalities. In addition, some ESRI implementation consulting will be necessary to get the GIS server up and running quickly. Enterprise License Agreement ESRI software can be licensed either as stand-alone components or under an Enterprise License Agreement (ELA). Utilizing a stand-alone license arrangement, individual licenses of various software pieces are paid for annually whereas an ELA allows the County to sign a three-year agreement on behalf of the County and its local member municipalities to have unlimited access to ESRI software for one annual fee. Member municipalities will also be required to acknowledge the terms and conditions of the software Agreement. An ELA provides unlimited software access to: ArcGIS for Desktop (pro, advanced, standard, basic), ArcGIS for Desktop extensions (3D Analyst, Spatial Analyst, Geostatistical Analyst, Publisher, Network Analyst, Schematics, Workflow Manager and MAI 5 ArcGIS Data Reviewer), ArcGIS for Server, ArcGIS for Server Extensions — 3D Analyst, Spatial Analyst, Geostatistical Analyst, Network Analyst, Workflow Manager, Image, Schematics, ESRI Developer Network subscription), virtual campus for online training, 250 users of ArcGIS online, 37,500 ArcGIS on-line credits, and Technical Support. After speaking to other municipalities that license ESRI software and after looking at the GIS needs within Elgin, staff believe that the ELA is the best value and will do the most to advance GIS within Elgin County. An ELA provides significant increased user access to GIS software, provides certainty of budgeting, and will provide cost savings (compared to licensing the GIS software stand-alone) as an expected result of increased user access throughout the duration of the contract. It is acknowledged that the ELA in a small way shifts GIS costs from local municipalities to the County budget because municipalities would no longer have to license GIS software individually. FINANCIAL IMPLICATIONS: The 2021 cost for the Enterprise GIS software license would be $71,570.00 (excluding HST) (comprised of the ESRI ELA $66,420.00, GeoCortex $5,150.00). And ESRI implementation consulting for $50,094.00 as a one-time cost. For a total of $121, 664.00. The required funding to support the license cost is accommodated within the 2021 budget utilizing a portion of the County's allocated provincial Municipal Modernization Program funding received in 2019. The annual 2022 and 2023 Enterprise GIS software licenses would be $72,750.00 and $74,140.00 plus HST respectively (comprised of the ESRI ELA and GeoCortex maintenance) will be budgeted accordingly in future and could be accommodated proportionately from various County (Planning, Engineering Services, Economic Development, and Information Technology) departmental operational budgets. As a comparison, in 2020 the County and the four local municipalities that have GIS software spent $20,175 plus HST on GIS software licensing. We believe that existing IT and GIS staff, with the support of Malahide staff as required, can implement and support the enterprise GIS system within the initial project scope. However, if participating municipalities expand their use of GIS within their businesses, there is a potential that we would need to increase human resources in future years. 73 A ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ® Ensuring alignment of ❑ Planning for and current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Building upon the success of the East Elgin Mapping Services (EEMS) partnership, currently lead by Malahide staff, County and partner municipal staff acknowledge current GIS system limitations and the need to improve collaborative, effective, and efficient GIS functions to support the expected increased use of GIS internet-based mapping applications necessary to maintain compliance indefinitely with the Municipal Asset Management Planning Regulation (O.Reg. 588/17). An Enterprise License Agreement (ELA) provides unlimited software access to municipal staff and allows municipalities to undertake a number of enhanced GIS and mapping initiatives that will benefit almost all departments, all while shifting individual municipal GIS license costs from local municipalities to the County. COMMUNICATION REQUIREMENTS: Subject to Council's approval to purchase the ESRI Enterprise License Agreement, County and Malahide staff intends to establish a GIS Technical Advisory Committee, comprised of both County and member municipal representatives, which aims to meet routinely on a schedule to collaboratively resolve both individual and/or common GIS service priorities. 74 7 CONCLUSION: It is our opinion, that the County and local municipalities cannot operate without GIS and that the proposed enterprise GIS system is the most cost-effective way for all of us to have access to an enhanced, efficient, and consistent GIS system. The implementation of an Enterprise GIS system would allow the County and municipalities to undertake a number of new and/or enhanced GIS and mapping initiatives that could benefit almost all departments and we have identified four priority areas over the next twelve months. We have concluded that ESRI is the only source of supply for the Enterprise GIS that meets our requirements and that entering into an Enterprise License Agreement to access the entire suite of ESRI software is the best course of action. The 2021 cost for the Enterprise GIS software licenses would be $71,570.00 (excluding HST) plus $50,094.00 for professional services and can be accommodated within the 2021 budget. All of which is Respectfully Submitted Brian Lima Director of Engineering Services Al Reitsma Manager of Information Technologies Mike Hoogstra Purchasing Coordinator Approved for Submission Julie Gonyou Chief Administrative Officer W Esri CanConsulting Service I RequestOrder Project Name: Elgin County ArcGIS and Geocortex Migration Customer Name: Elgin County Date Submitted: January 17, 2021 Esri Canada Project Manager: Vinicius Tavares Tel. #: 416-441-6035 Esri Canada Account Manager: Dave Farnsworth Tel. #: 519-286-0987 Customer Contact: Brian Lima Tel. #: (519) 631-1460 ext. 117 email: vtavares@esri.ca email: dfarnsworth@esri.ca email: blima@elgin.ca Esri Canada has been approached by Elgin County ("The County') to improve its GIS services through a project to review, install and configure a new unified corporate GIS environment. The purpose of this proposal is to suggest the most suitable services to deliver a new GIS environment to improve the service quality delivered by Elgin County to its local partners and the community. Malahide Township, one of the partner municipalities of the County, have an existing GIS viewer, built in Geocortex. The County would like to migrate this to their own environment and make it available for other partner municipalities to use and benefit from. This will form part of the new GIS environment hosted at the County. Scope e / Description of Request Esri Canada will facilitate a workshop to plan the architecture for the installation of ArcGIS Enterprise and Geocortex software at the County. Following this workshop, Esri Canada will design a recommended architecture, which will include: • ArcGIS Enterprise for internal County staff, external field staff and partner municipality staff. • Geocortex Essentials to host an existing HTML5 viewer migrated from Malahide. • ArcGIS Online for public -facing applications. • A development environment for ArcGIS Enterprise and Geocortex. Page f(bf 12 Workshop discussion topics will include: • User accounts and authentication • Data sources and the enterprise geodatabase • Performance needs • Software licence structure • Hardware and virtual server configuration requirements • Security practices t"cGIS .:. nt(:%t"j`��t is(: lns �::ffl tt jt': n Ott (I Cot"tfigurall''Otl Following the architecture review, Esri Canada will install and set up ArcGIS Enterprise on the proposed architecture at the County. Activities include: • Supporting the County in migrating the enterprise geodatabase from Malahide and setting it up on a database server. • Installation of ArcGIS Enterprise's components, namely ArcGIS Server, Portal for ArcGIS and ArcGIS Data Store. • Registering the enterprise geodatabase with ArcGIS Server. • Publishing of dynamic map services to ArcGIS Enterprise (up to 12 hours). The County is responsible for the configuration of the ArcGIS Pro projects for these services. • Publishing of cached map services to ArcGIS Enterprise and generation or copying of caches (up to 12 hours). County staff are responsible for configuring the ArcGIS Pro projects for these services, including defining the symbology, etc. • A walk-through of the configuration of ArcGIS Enterprise. (;(::�t'a "°t rt(:l:�x Ess(ni ials ltts��:: fla'tion and St:,l1up Following the configuration of ArcGIS Enterprise, Esri Canada will then install and set up Geocortex Essentials on the proposed architecture at the County. Activities include: • Installation of Geocortex Essentials and the Viewer for HTML5. • Enabling ArcGIS Enterprise authentication for Essentials. • Installation of Geocortex Workflow, Reporting and Printing (the 5-series) on County servers. • Importing the internal Essentials site and viewer from Malahide and configuring it to consume GIS services from the Elgin ArcGIS Enterprise configuration. • Rewriting up to 5 workflows from Malahide for searches and reports, using Geocortex Workflow (5-series) on -premises. • Rewriting the property report from Malahide using Geocortex Reporting (5-series) on -premises. Page RA 12 • Rewriting the mailing labels report from Malahide using Geocortex Reporting (5-series) on - premises. • Rewriting up to two (2) print templates from Malahide using Geocortex Printing (5-series) on premises. Esri Canada will create a public -facing web mapping application, similar in scope to the existing viewer at Malahide: https://gaia.elginmapping.ca/Html5Viewer/?viewer=public Activities include: • Publishing hosted map services to ArcGIS Online for the public -facing application. Up to 24 hours are provided for this task. County staff are responsible for configuring the ArcGIS Pro projects for these services, including defining the symbology, etc. • Building a public -facing web mapping application in Experience Builder. As far as possible this will be similar to the existing public -facing application at Malahide. • Identify the business representative to be the project sponsor who will participate in project meetings and remain engaged throughout the implementation. • Designate a project manager or technical lead as the single point of communication for all project activities. • Identify an IT contact who will be available to support Esri Canada's technical consultant(s) during the implementation work. • Ensure appropriate technical staff are invited and present during the architecture workshop. • Provide login credentials to facilitate a performant remote connection as required for Esri Canada's technical consultant(s) to access the Customer's environment to perform the work described in this project. • Ensure that the supporting hardware and virtual servers, operating systems and prerequisite software are in place prior to the installation of the Esri and Geocortex software. • Ensure that SQL Server is installed on the database servers prior to the migration of the enterprise geodatabase from Malahide. • Ensure SQL Server Management Studio is available for the Esri Canada consultant's use. • Ensure the required user accounts have been created with the proper permissions and they are ready to use. This includes: o Accounts for the Esri Canada consultant(s). o The ArcGIS Server service account (a domain account). Page A' f 12 o Accounts to enable administrative connection to the enterprise geodatabase. • Restore the enterprise geodatabase in SQL Server in the production and development environments. • Any data migration or data cleansing work is the responsibility of the County. • Ensure ArcGIS Pro is installed and licensed, and made available to the technical consultant(s) for the project's tasks. • Ensure all required software licences are in place prior to the software installation. • Ensure TLS 1.2 certificates are installed and configured on all required web servers prior to the installation work. • Prior to the installation work, download from the My Esri and Geocortex websites the software installation files. • Ensure all prerequisites requested by the consultant are fulfilled five business days before the software installation is due to commence. • Provide a workspace to the consultant for the duration of any on -site work. • Configure the ArcGIS Pro projects for all GIS services published, including definition of symbology, etc. • Publish any additional GIS services beyond those published by the consultant that are required for the completion of this project's tasks. SSuuu11pjt lads • Any days on -site are not to exceed eight hours of work per day. • The Geocortex workflows, reports and print templates include only: o Five workflows for searches and reports o One property report o One mailing labels report o Two print templates • No custom coding is required for the Experience Builder or Geocortex Essentials applications. • All work will be conducted remotely using remote desktop connections. • All meetings will be held using WebEx or similar conference call technology. • Services will be provided subject to the availability of Esri Canada resources. Esri Canada cannot guarantee specific resources or response times. • Services will be provided between 8:30am and 5:OOpm Eastern Time, Monday to Friday. Esri Canada holidays are excluded. • Esri Canada will include basic project management services including the coordination of Esri Canada - led activities and resources. Page 4bf 12 • All estimates provided are tentative and subject to confirmation of scope and responsibilities with the Customer. • The Customer acknowledges that handling unplanned activities or unforeseen issues such as internal IT security restrictions may require additional funding or an equivalent reduction in scope. • Testing of deliverables will be limited to two cycles. The Customer will report all identified issues after the first cycle. On the second cycle only these previously identified issues will be corrected. • Post -implementation support is available for up to 30 days following the implementation and will be tracked in minimum 2 hour increments. • This quote is valid for 30 days from the date submitted. Customer Project Resources Resource Name Role Esri Canada Project Resources Resource Name Role Vinicius Tavares Project Manager To be determined Application Specialist (: ji b" I l(:,:, � ��;�Ct"ipti' � o t't. Deliverable Resource Target Date Architecture Design. Application Start + 2 weeks Specialist ArcGIS Enterprise installation and configuration in the Application Start + 6 weeks Production Environment. Specialist Geocortex installation and configuration in the Application Start + 10 weeks Production Environment. Specialist ArcGIS Online services and Experience Builder Application application configuration in the Production Specialist Start + 13 weeks Environment. Page .§46f 12 Cost Suriiiriiiary Milestones Cost Architecture Design $10,164 ArcGIS Enterprise installation $11,055 and configuration in the Production Environment. Geocortex installation and $16,005 configuration in the Production Environment. ArcGIS Online services and $12,870 Experience Builder application configuration in the Production Environment. Travel Time 0 hours Travel Cost $0 Total $50,094 ® Fixed Price Payment Terms & Conditions Costs are quoted in Canadian funds. Payment must be made within 30 days of Customer's receipt of an Esri Canada invoice. If any estimated expenses or estimated travel disbursements for Esri Canada resources are described above, they will be invoiced at actual cost. j �ct Contl::Jct InbrviiiiatioiIIIS Customer Address: 450 Sunset Drive St, Thomas, ON N5R 5V1 Page 61of 12 ,),,,esri Canad,? Customer Ship -to Contact Name/Address: B)Jan I im a, R En g, 450 Sunset D)Jve St, Thomas, ON N5R 5V1 Customer Invoice -to Contact Name/Address: B)Jan lima, REng, 450 Sunset D)Jve St, Thomas, ON N5R 5V1 Esri Canada Address: 910-49.5 Richmond Sb,eet I ondon, ON N6A 5A9 Esri Canada Contact Name: Dave Fcwnswo),th Senio), Account Manage), DfCwnSwo)-th@eS)J,Ca Page 1�)f 12 CONSULTING SERVICE REQUEST TERMS AND CONDITIONS Services provided by Esri Canada Limited ("Esri Canada", we", "us" or "our" as applicable) under this Esri Canada Consulting Service Request Order ("Order") to the customer named under the Order ("Customer", "you" or "your" as applicable) are subject to the following terms and conditions ("Agreement"): PERFORMANCE STANDARDS 1. Esri Canada will provide the services described in the Order ("Services") in accordance with this Agreement. 2. Esri Canada will ensure that all persons we employ or retain to perform the Services are competent to perform them and are properly trained, instructed, and supervised. WARRANTIES AND DISCLAIMERS 3. Esri Canada warrants the Services we provide to you will be materially consistent with the Services description in the Order. 4. Esri Canada warrants the Services we provide to you will be performed using commercially reasonable care and skill. 5. You understand and agree that these warranties are the exclusive or only warranties given by Esri Canada for the Services. These exclusive warranties replace all other warranties, including the implied warranties or conditions under law of satisfactory quality, merchantability, non -infringement, and fitness for a particular purpose. Except for these exclusive warranties all Services we perform are provided "as is". 6. You are solely responsible for the manner of your use of the Services we provide and you agree that Esri Canada will have no obligation or liability to you under this Agreement for your use of the Services. DELIVERY PERIODS AND ACCESS 7. You agree that any dates or time periods Esri Canada provides for the performance of Services under this Order are estimated dates or time periods which we may extend to account for any delays caused or occasioned by you or your representatives or by any event or circumstance outside our control. 8. We may request access to your premises or infrastructure to perform the Services. If we make this request you must allow us reasonable access as applicable to enable us to properly perform the Services. If you require us to meet any of your applicable access requirements including security requirements, you must inform us in writing of any such requirements. Page @�bf 12 ACCEPTANCE 9. If you do not inform us otherwise in writing within ten (10) days following our delivery of the Services to you, we will treat the Services as properly performed and accepted by you. CONFIDENTIALITY 10. Each party acknowledges that it may receive confidential information from the other party during the course of our performance of the Services and this Agreement. 11. Confidential information will only include such information classified as confidential by the disclosing party or which should reasonably be regarded as confidential. 12. Confidential information will not include any information which is: (i) publicly available at the time of disclosure; or (ii) subsequently becomes publicly available through no fault of the receiving party; or (iii) is lawfully obtained by the receiving party from another third party without any obligation of confidentiality. 13. Each party receiving confidential information agrees: (i) to maintain the secrecy of the other party's confidential information; (ii) to use such confidential information only for the purpose of performance of this Order; (iii) not to disclose such confidential information to any other person except for those who need to know such information because of the performance of the Services and to bind such persons in writing to keep such information confidential. PRIVACY 14. Esri Canada will not require any personal information from you for our performance of the Services unless we expressly say so in the Order. If we agree to accept any personal information from you under this Agreement, you must inform us in writing every time you deliver such personal information to us during the course of this Agreement. PAYMENT, TRAVEL AND EXPENSES AND TAXES 15. You must pay Esri Canada the prices we have quoted in the Order for the Services in accordance with the pricing and payment terms set out in the Order and this Agreement 16. Except quoted in this Order, our prices do not include travel and expenses. Page 9"of 12 17. The prices we quoted for the Services do not include any provincial, local, and other taxes (except for income taxes payable by us). If such taxes become applicable to the Services, you must pay any such applicable tax as soon as you receive our written notice that such tax is due. NON -HIRE OF CONTRACTOR PERSONNEL 18. You will not solicit for hire any Esri Canada personnel or technical staff, who are associated with the Services we provide under this Order, for a period of one (1) year after such Services are provided. NON -RESTRICTION OF CONTRACTOR BUSINESS 19. You understand that Esri Canada also provides professional services for businesses other than yours including businesses in the same industry as yours. You agree that this Order does not prohibit Esri Canada from representing or performing professional services for such other businesses. LIMITATION OF LIABILITY 20. Esri Canada's entire liability for all claims in the aggregate arising from our performance of this Agreement or your use of the Services we provide will not exceed the amount of any actual direct damages up to the amounts paid for any such Services that are the subject of the claim, regardless of the basis of the claim. This limit applies collectively to Esri Canada, its subsidiaries and contractors. Esri Canada will not be liable for special, incidental, exemplary, indirect or economic consequential damages, lost profits, business, revenue, goodwill, or anticipated savings incurred in connection with the Services or this Agreement. FORCE MAJEURE 21. Neither party will be liable for any failure of or delay in the performance of its obligations hereunder (except in relation to obligations to make payments) for the period that such failure or delay is due to causes beyond its reasonable control. Such causes may include, but are not limited to, an act of God, cyber-attack, major disruption a public infrastructure system, natural disaster, major power outage, epidemic, public health emergency, act of government or court order. GOVERNING LAW AND JURISDICTION 22. The performance of this Order and this Agreement is governed by the laws of the Province or Territory where the Services are performed and the applicable laws of Canada. 23. All disputes arising out of or in connection with this Agreement or in respect of any defined legal relationship associated with it or derived from it must, unless the parties otherwise agree, be referred to and finally resolved by arbitration under the applicable arbitration laws and within the jurisdiction of the Province or Territory where the Services are performed. Page M of 12 ACKNOWLEDGMENT 24. You acknowledge receipt and accept that the terms and conditions of this Agreement form our entire agreement. This Agreement is effective as of the date of last signature below unless otherwise specified in the customer's Order. The parties may execute this Agreement in counterparts or via electronic signatures. Any such execution is valid even if the original paper document bearing both parties' original signatures is not delivered. Any amendments to this Agreement must be in writing under a separate agreement created for such purpose and signed by an authorized representative of each party. For clarity, any additional or superseding terms contained in any purchase order or other standard form documentation issued by you during the ordering process, other than non -conflicting product descriptions, quantities and pricing, will not apply and are of no effect. No such terms override the terms of this Agreement irrespective of the date of issuance of such ordering process documentation or any performance or action by Esri Canada unless Esri Canada expressly agrees in writing. APPROVAL SECTION Customer approval for Esri Canada to begin work in accordance with the requirements of this Order and the terms and conditions of this Agreement. (Customer) By: Signature Name and Position Signature Date Page fT of 12 Esri Canada Limited By: Signature Name and Position Signature Date Page fl of 12 Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # 00280317.0 V'°Zl ;GlIG IL... II ;IIV'°ZII III II ;III ""'llF III ""'III II ';IIV'° IIC°' IIV'"'° III II '; GIV'°ZI ;II ; III II ;III ""'llF (IIVR.G1II) hµ.. � 4 XAr4P mmumi lid "' PP �' CE at�, W�'m This Agreement is by and between The Corporation of the County of Elgin ("Managing Customer") and Environmental Systems Research Institute, Inc. ("Esri"); and the Authorized Distributor listed on the signature page ("Authorized Distributor"). This Agreement sets forth the terms for Managing Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 250 ArcGIS Online Viewers 250 ArcGIS Online Creators 37,500 ArcGIS Online Service Credits 250 ArcGIS Enterprise Creators 5 ArcGIS Insights in ArcGIS Enterprise 5 ArcGIS Insights in ArcGIS Online 50 ArcGIS Tracker for ArcGIS Enterprise 50 ArcGIS Tracker for ArcGIS Online 4 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 4 ArcGIS Utility Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested' 2 Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Page 1 of 14 September 25, 2020 88 Managing Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN MANAGING CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Authorized Distributor's or Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). An executed Agreement transmitted through electronic means, such as fax or e-mail, is valid and binding even if an original paper document bearing each party's original signature is not delivered. This Agreement authorizes the entities listed in Attachment 1 (each an "Authorized Entity") to use Products listed in Table A, provided Authorized Entity signs and returns an executed Authorized Entity Acknowledgment Statement and agrees to be bound by the terms and conditions of this Agreement. Managing Customer may not Deploy any Products to an Authorized Entity until Managing Customer has received and sent to Authorized Distributor and Esri the executed Authorized Entity Acknowledgment Statement. Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: The Corporation of the County of Elgin (Managing Customer) By: Authorized Signature Printed Name: Title: Date: MAIMAGHNG CUSTOMER. OIII' 'TM "T HMFORMATION Contact: Address: City, State, Postal Code: Country: Quotation Number (if applicable): Telephone: E-mail: Esri Canada Limited (Authorized Distributor) By: Authorized Signature Printed Name: Title: Date: ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (Esri) By: Authorized Signature Printed Name: Title: Director, Contracts and Legal Page 2 of 14 September 25, 2020 89 In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Customer" means Managing Customer and Authorized Entity. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Managing Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at hftps://www.e ri.com/en- us/legal/term /full -master -a and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A —List of Products and any updates to the list Authorized Distributor or Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Managing Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Managing Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. Customer will receive Tier 2 Support from the Authorized Distributor. 2,1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy and Deploy quantities of the Products listed in Table A —List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. Additionally, Esri grants to Managing Customer the right to Deploy for Customer's internal use, provided prior to Deploying to an Authorized Entity, Authorized Distributor and Esri receive a signed copy of the Authorized Entity Acknowledgment Statement. 2,2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third -party computers or remove Software or Data from Managing Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. ,1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. ,2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference Page 3 of 14 September 25, 2020 90 registrations terminate upon expiration or termination of this Agreement. 3,3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3,3 Termination for Lack of Funds. For an Agreement with government or government - owned entities, either party may terminate this Agreement before any subsequent year if Managing Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 3.6 Termination of an Individual Authorized Entity. Authorized Distributor and Esri may terminate the license rights of a particular Authorized Entity for material breach without terminating this Agreement with Managing Customer. The breaching Authorized Entity will be given a period of thirty (30) days from the date of written notice to cure any material breach. Upon the termination of an Authorized Entity, all Products Deployed to the Authorized Entity will also terminate. Managing Customer shall reasonably cooperate with Authorized Distributor and Esri in termination of an Authorized Entity for material breach of this Agreement, including enforcement of the Agreement with respect to such Authorized Entity. There will be no reduction in the Fee if an Authorized Entity's rights are terminated. The terminated Authorized Entity will have no further access to any benefits, entitlements, rights, or other items included in or otherwise related to this Agreement. 3.7 Termination by Authorized Entity. If an Authorized Entity no longer desires to participate in this Agreement, the Authorized Entity may terminate; however, there will be no decrease in the Fee as a result. 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A —List of Products by providing written notice to Managing Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Managing Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 3,3 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https:Hsupport.esri.com/en/other- resources/product®life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Managing Customer will not be able to Deploy retired Products. The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Authorized Distributor software maintenance policy as modified by this Article 5.0—Maintenance. At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. rieir 1 Siuppoirt 1, Managing Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 3, The Tier 1 Help Desk will be fully trained in the Products. Page 4 of 14 September 25, 2020 91 3. At a minimum, Tier 1 Support will include 6,,,, flllllllill III: OIII' III'::II III'::II ""III"" II'TI:) Illf°°N..flI'flL..IICI III those activities that assist the user in resolving how-to and operational questions This Agreement will not be construed or interpreted as well as questions on installation and as an exclusive dealings agreement or Customer's troubleshooting procedures. endorsement of Products. Either party may publicize the existence of this Agreement. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full 7 0°°°°°°°°°°°° II:YI IIIIITSI III""III' ""III""III III':: Illf° IIII:: W.. IIIIII' III'::II III'::II ""III"" description of each reported Case and the system configuration from the user. This ,1 OEM Licenses. Under Esri's OEM or Solution may include obtaining any customizations, OEM programs, OEM partners are authorized to code samples, or data involved in the Case. embed or bundle portions of Esri products and services with their application or service. OEM . If the Tier 1 Help Desk cannot resolve the partners' business model, licensing terms and Case, an authorized Tier 1 Help Desk conditions, and pricing are independent of this individual may contact Tier 2 Support. The Agreement. Customer will not seek any discount Tier 1 Help Desk will provide support in such from the OEM partner or Esri based on the a way as to minimize repeat calls and make availability of Products under this Agreement. solutions to problems available to Customer will not decouple Esri products or Customer's organization. services from the OEM partners' application or service. . Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Managing Customer may change the Tier 1 Help Desk individuals by written notice to Authorized Distributor. b. fliieir 2 Siuppoirt 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2, Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Managing Customer will provide the Authorized Distributor with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. ...........Ilr llll:Ill aII::III cQui. lsl 111 or4 ,, OIII IIII III�rIII:: III III III u..�IIIIII:: If Customer is a commercial entity, Customer will notify Authorized Distributor and Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. ,1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Authorized Distributor and Esri reserve the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. ,2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer Page 5 of 14 September 25, 2020 92 the Products to Customer or uninstall, remove, and destroy all copies of the Products. 8.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Authorized Distributor and Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Page 6 of 14 93 September 25, 2020 r°°'mai IIC IIIIIIIIIIII! III °°'r ""' IIII'°° IIII' ,IIII ,IIIIIIIIIIII!IIII' IIIIIIIIII!III "'°nII nr ""'r 1. Authorized Entity Name: The Corporation of the 2. Authorized Entity Name: The Corporation of the Municipality of Bavham Municipality of Central Contact Name: Elgin Address: Contact Name: Address: Phone: E-mail: 3. Authorized Entity Name: The Corporation of the Town of Aylmer Contact Name: Address: Phone: E-mail: 5. Authorized Entity Name: The Corporation of the Township of Southwold Contact Name: Address: Phone: E-mail: 7. Authorized Entity Name: The Corporation of the Municipality of Dutton- Dunwich Contact Name: Address: Phone: E-mail: Phone: E-mail: 4. Authorized Entity Name: The Corporation of the Township of Malahide Contact Name: Address: Phone: E-mail: 6. Authorized Entity Name: The Corporation of the Municipality of West Elgin Contact Name: Address: Phone: E-mail: Page 7 of 14 September 25, 2020 94 Prior to any Deployment to an Authorized Entity, Managing Customer shall require each such entity to be contractually bound to applicable terms and conditions by executing an Authorized Entity Acknowledgment Statement. Managing Customer shall keep a copy of the signed original acknowledgment for its records and forward a copy of the signed original to Authorized Distributor and Esri. Authorized Distributor and Esri may pursue remedies against Managing Customer or an individual Authorized Entity for material breach. Only Managing Customer has a right to Deploy. At.t""t"III OIIRIII JILIII:t IILJII ""f"III""t"'"Y At III III O III....IILIIl)(1I IILIIm r m' ""rA""f"IILIII IILJIM r Environmental Systems Research Institute, Inc. ("Esri"), Esri Canada Limited ("Authorized Distributor"), and The Corporation of the County of Elgin ("Managing Customer"), have entered into a Regional Government Enterprise Agreement No. 00280317.0 for licensing certain rights to use and Deploy Products and to receive maintenance for the term of the Agreement, subject to payment of fees and adherence to the terms and conditions of this Agreement. Esri has authorized Managing Customer to Deploy Products to Authorized Entity provided Authorized Entity signs and returns this Authorized Entity Acknowledgment Statement. Accordingly, Authorized Entity, as a Customer, represents it has received and read the Agreement, and understands and agrees to be bound by the Agreement, for use of Products received from Managing Customer. Authorized Entity agrees that Authorized Distributor and Esri may pursue remedies against Authorized Entity for material breach of the Agreement. All Deployments made by Managing Customer to Authorized Entity shall be made through Managing Customer's centralized point of contact. Tier 1 Help Desk will provide Maintenance to Authorized Entity. Authorized Entity grants Managing Customer the right to unilaterally sign amendments to this Agreement, which shall be binding on Authorized Entity. No other rights are granted to Authorized Entity under this acknowledgment. Accepted and Agreed: The Corporation of the Municipality of Bayham (Authorized Entity) Signature: _ Printed Name: Title: Date: Page 8 of 14 September 25, 2020 95 Prior to any Deployment to an Authorized Entity, Managing Customer shall require each such entity to be contractually bound to applicable terms and conditions by executing an Authorized Entity Acknowledgment Statement. Managing Customer shall keep a copy of the signed original acknowledgment for its records and forward a copy of the signed original to Authorized Distributor and Esri. Authorized Distributor and Esri may pursue remedies against Managing Customer or an individual Authorized Entity for material breach. Only Managing Customer has a right to Deploy. At.t""t"IIHOIIRIII JII" I) III"mlltt""f"III""t"'"Y At III III O III...IILIII)( III IILIIm r m' ""rA""f"IILJII IILIIm r Environmental Systems Research Institute, Inc. ("Esri"), Esri Canada Limited ("Authorized Distributor"), and The Corporation of the County of Elgin ("Managing Customer"), have entered into a Regional Government Enterprise Agreement No. 00280317.0 for licensing certain rights to use and Deploy Products and to receive maintenance for the term of the Agreement, subject to payment of fees and adherence to the terms and conditions of this Agreement. Esri has authorized Managing Customer to Deploy Products to Authorized Entity provided Authorized Entity signs and returns this Authorized Entity Acknowledgment Statement. Accordingly, Authorized Entity, as a Customer, represents it has received and read the Agreement, and understands and agrees to be bound by the Agreement, for use of Products received from Managing Customer. Authorized Entity agrees that Authorized Distributor and Esri may pursue remedies against Authorized Entity for material breach of the Agreement. All Deployments made by Managing Customer to Authorized Entity shall be made through Managing Customer's centralized point of contact. Tier 1 Help Desk will provide Maintenance to Authorized Entity. Authorized Entity grants Managing Customer the right to unilaterally sign amendments to this Agreement, which shall be binding on Authorized Entity. No other rights are granted to Authorized Entity under this acknowledgment. Accepted and Agreed: The Corporation of the Municipality of Central Elgin (Authorized Entity) Signature: _ Printed Name: Title: Date: Page 9 of 14 September 25, 2020 96 Prior to any Deployment to an Authorized Entity, Managing Customer shall require each such entity to be contractually bound to applicable terms and conditions by executing an Authorized Entity Acknowledgment Statement. Managing Customer shall keep a copy of the signed original acknowledgment for its records and forward a copy of the signed original to Authorized Distributor and Esri. Authorized Distributor and Esri may pursue remedies against Managing Customer or an individual Authorized Entity for material breach. Only Managing Customer has a right to Deploy. At.t""t"IIHOIIRIII JII" I) III"mJll ""f"III""t"'"Y At III III O III...IILIII)( III IILIIm r m' ""rA""f"IILIII IILJIM r Environmental Systems Research Institute, Inc. ("Esri"), Esri Canada Limited ("Authorized Distributor"), and The Corporation of the County of Elgin ("Managing Customer"), have entered into a Regional Government Enterprise Agreement No. 00280317.0 for licensing certain rights to use and Deploy Products and to receive maintenance for the term of the Agreement, subject to payment of fees and adherence to the terms and conditions of this Agreement. Esri has authorized Managing Customer to Deploy Products to Authorized Entity provided Authorized Entity signs and returns this Authorized Entity Acknowledgment Statement. Accordingly, Authorized Entity, as a Customer, represents it has received and read the Agreement, and understands and agrees to be bound by the Agreement, for use of Products received from Managing Customer. Authorized Entity agrees that Authorized Distributor and Esri may pursue remedies against Authorized Entity for material breach of the Agreement. All Deployments made by Managing Customer to Authorized Entity shall be made through Managing Customer's centralized point of contact. Tier 1 Help Desk will provide Maintenance to Authorized Entity. Authorized Entity grants Managing Customer the right to unilaterally sign amendments to this Agreement, which shall be binding on Authorized Entity. No other rights are granted to Authorized Entity under this acknowledgment. Accepted and Agreed: The Corporation of the Town of Aylmer (Authorized Entity) Signature: _ Printed Name: Title: Date: Page 10 of 14 September 25, 2020 97 Prior to any Deployment to an Authorized Entity, Managing Customer shall require each such entity to be contractually bound to applicable terms and conditions by executing an Authorized Entity Acknowledgment Statement. Managing Customer shall keep a copy of the signed original acknowledgment for its records and forward a copy of the signed original to Authorized Distributor and Esri. Authorized Distributor and Esri may pursue remedies against Managing Customer or an individual Authorized Entity for material breach. Only Managing Customer has a right to Deploy. At.t""t"IIHOIIRIII JII" I) III"mlltt""f"III""t"'"Y At III III O III...IILIII)( III IILIIm r m' ""rA""f"IILJII IILIIm r Environmental Systems Research Institute, Inc. ("Esri"), Esri Canada Limited ("Authorized Distributor"), and The Corporation of the County of Elgin ("Managing Customer"), have entered into a Regional Government Enterprise Agreement No. 00280317.0 for licensing certain rights to use and Deploy Products and to receive maintenance for the term of the Agreement, subject to payment of fees and adherence to the terms and conditions of this Agreement. Esri has authorized Managing Customer to Deploy Products to Authorized Entity provided Authorized Entity signs and returns this Authorized Entity Acknowledgment Statement. Accordingly, Authorized Entity, as a Customer, represents it has received and read the Agreement, and understands and agrees to be bound by the Agreement, for use of Products received from Managing Customer. Authorized Entity agrees that Authorized Distributor and Esri may pursue remedies against Authorized Entity for material breach of the Agreement. All Deployments made by Managing Customer to Authorized Entity shall be made through Managing Customer's centralized point of contact. Tier 1 Help Desk will provide Maintenance to Authorized Entity. Authorized Entity grants Managing Customer the right to unilaterally sign amendments to this Agreement, which shall be binding on Authorized Entity. No other rights are granted to Authorized Entity under this acknowledgment. Accepted and Agreed: The Corporation of the Township of Malahide (Authorized Entity) Signature: _ Printed Name: Title: Date: Page 11 of 14 September 25, 2020 98 Prior to any Deployment to an Authorized Entity, Managing Customer shall require each such entity to be contractually bound to applicable terms and conditions by executing an Authorized Entity Acknowledgment Statement. Managing Customer shall keep a copy of the signed original acknowledgment for its records and forward a copy of the signed original to Authorized Distributor and Esri. Authorized Distributor and Esri may pursue remedies against Managing Customer or an individual Authorized Entity for material breach. Only Managing Customer has a right to Deploy. At.t""t"III OIIRIII JILIII:t IILJII ""f"III""t"'"Y At III III O III....IILIIl)(1I IILIIm r m' ""rA""f"IILIII IILJIM r Environmental Systems Research Institute, Inc. ("Esri"), Esri Canada Limited ("Authorized Distributor"), and The Corporation of the County of Elgin ("Managing Customer"), have entered into a Regional Government Enterprise Agreement No. 00280317.0 for licensing certain rights to use and Deploy Products and to receive maintenance for the term of the Agreement, subject to payment of fees and adherence to the terms and conditions of this Agreement. Esri has authorized Managing Customer to Deploy Products to Authorized Entity provided Authorized Entity signs and returns this Authorized Entity Acknowledgment Statement. Accordingly, Authorized Entity, as a Customer, represents it has received and read the Agreement, and understands and agrees to be bound by the Agreement, for use of Products received from Managing Customer. Authorized Entity agrees that Authorized Distributor and Esri may pursue remedies against Authorized Entity for material breach of the Agreement. All Deployments made by Managing Customer to Authorized Entity shall be made through Managing Customer's centralized point of contact. Tier 1 Help Desk will provide Maintenance to Authorized Entity. Authorized Entity grants Managing Customer the right to unilaterally sign amendments to this Agreement, which shall be binding on Authorized Entity. No other rights are granted to Authorized Entity under this acknowledgment. Accepted and Agreed: The Corporation of the Township of Southwold (Authorized Entity) Signature: _ Printed Name: Title: Date: Page 12 of 14 September 25, 2020 99 Prior to any Deployment to an Authorized Entity, Managing Customer shall require each such entity to be contractually bound to applicable terms and conditions by executing an Authorized Entity Acknowledgment Statement. Managing Customer shall keep a copy of the signed original acknowledgment for its records and forward a copy of the signed original to Authorized Distributor and Esri. Authorized Distributor and Esri may pursue remedies against Managing Customer or an individual Authorized Entity for material breach. Only Managing Customer has a right to Deploy. At.t""t"IIHOIIRIII JII" I) III"mJll ""f"III""t"'"Y At III III OWIII...IILIII)( III IILIIm r m' ""rA""f"IILIII IILJIM r Environmental Systems Research Institute, Inc. ("Esri"), Esri Canada Limited ("Authorized Distributor"), and The Corporation of the County of Elgin ("Managing Customer"), have entered into a Regional Government Enterprise Agreement No. 00280317.0 for licensing certain rights to use and Deploy Products and to receive maintenance for the term of the Agreement, subject to payment of fees and adherence to the terms and conditions of this Agreement. Esri has authorized Managing Customer to Deploy Products to Authorized Entity provided Authorized Entity signs and returns this Authorized Entity Acknowledgment Statement. Accordingly, Authorized Entity, as a Customer, represents it has received and read the Agreement, and understands and agrees to be bound by the Agreement, for use of Products received from Managing Customer. Authorized Entity agrees that Authorized Distributor and Esri may pursue remedies against Authorized Entity for material breach of the Agreement. All Deployments made by Managing Customer to Authorized Entity shall be made through Managing Customer's centralized point of contact. Tier 1 Help Desk will provide Maintenance to Authorized Entity. Authorized Entity grants Managing Customer the right to unilaterally sign amendments to this Agreement, which shall be binding on Authorized Entity. No other rights are granted to Authorized Entity under this acknowledgment. Accepted and Agreed: The Corporation of the Municipality of West Elgin (Authorized Entity) Signature: _ Printed Name: Title: Date: Page 13 of 14 September 25, 2020 100 Prior to any Deployment to an Authorized Entity, Managing Customer shall require each such entity to be contractually bound to applicable terms and conditions by executing an Authorized Entity Acknowledgment Statement. Managing Customer shall keep a copy of the signed original acknowledgment for its records and forward a copy of the signed original to Authorized Distributor and Esri. Authorized Distributor and Esri may pursue remedies against Managing Customer or an individual Authorized Entity for material breach. Only Managing Customer has a right to Deploy. At.t""t"IIHOIIRIII JII" I) III"mJll ""f"III""t"'"Y At III III O III...IILIII)( III IILIIm r m' ""rA""f"IILIII IILJIM r Environmental Systems Research Institute, Inc. ("Esri"), Esri Canda Limited ("Authorized Distributor"), and The Corporation of the County of Elgin ("Managing Customer"), have entered into a Regional Government Enterprise Agreement No. 00280317.0 for licensing certain rights to use and Deploy Products and to receive maintenance for the term of the Agreement, subject to payment of fees and adherence to the terms and conditions of this Agreement. Esri has authorized Managing Customer to Deploy Products to Authorized Entity provided Authorized Entity signs and returns this Authorized Entity Acknowledgment Statement. Accordingly, Authorized Entity, as a Customer, represents it has received and read the Agreement, and understands and agrees to be bound by the Agreement, for use of Products received from Managing Customer. Authorized Entity agrees that Authorized Distributor and Esri may pursue remedies against Authorized Entity for material breach of the Agreement. All Deployments made by Managing Customer to Authorized Entity shall be made through Managing Customer's centralized point of contact. Tier 1 Help Desk will provide Maintenance to Authorized Entity. Authorized Entity grants Managing Customer the right to unilaterally sign amendments to this Agreement, which shall be binding on Authorized Entity. No other rights are granted to Authorized Entity under this acknowledgment. Accepted and Agreed: The Corporation of the Municipality of Dutton-Dunwich (Authorized Entity) Signature: _ Printed Name: Title: Date: Page 14 of 14 September 25, 2020 101 Prugressive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Brian Lima, Director of Engineering Services Stephen Gibson, County Solicitor DATE: February 11, 2021 SUBJECT: UpLink Communications Municipal Road Access Agreement THAT the report titled "UpLink Wireless Municipal Road Access Agreement" from the Director of Engineering Services, dated February 11, 2021 be received and filed; and, THAT the Warden and Chief Administrative Officer be directed and authorized to execute the Municipal Access Agreement between the Corporation of the County of Elgin and Uplink Communications Inc. for the installation and operation of telecommunications infrastructure along a section of Belmont Road (CR74). INTRODUCTION: Uplink Communications Inc. is a telecommunications company interested in expanding the delivery of high-speed internet services in the hamlet of New Sarum within the Municipality of Central Elgin, specifically along Belmont Road (CR74). DISCUSSION: Uplink Communications Inc.'s high speed service delivery requires telecommunications infrastructure to be installed along or under the roads under the jurisdiction of the County. As is typical, an agreement governing access, use, and construction/maintenance of the works is required. The Agreement (attached) was drafted by the County Solicitor and is similar to other agreements with utility companies operating within Elgin County. The Agreement ensures that County by-laws concerning its road allowances will be adhered to; that the developer will be responsible for casual costs associated with road iN➢a 2 allowance use in a manner allowable under the Telecommunications Act and CRTC case law; that the developer will be fully responsible for its infrastructure; fairly addresses the issue of potential relocation; and includes necessary legal protections and safeguards concerning legal claims. FINANCIAL IMPLICATIONS: None ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: None. CONCLUSION: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. Uplink Communications Inc. which delivers high speed internet service proposes fibre telecommunications infrastructure to be installed in the hamlet of New Sarum within the 3 Municipality of Central Elgin, specifically along Belmont Road (CR74). As is typical, an agreement governing access, use, and construction/maintenance of the works is required. All of which is Respectfully Submitted Brian Lima Director of Engineering Services Stephen Gibson County Solicitor Approved for Submission Julie Gonyou Chief Administrative Officer `11L1 THIS AGREEMENT made in quadruplicate this day of , 20 . Between: CORPORATION OF THE COUNTY OF ELGIN (hereinafter referred to as the "County") 51. TO UPLINK COMMUNICATIONS INC. (hereinafter referred to as "Uplink") of The First Part of The Second Part WHEREAS the County is the owner or otherwise exercises jurisdiction over certain public highways, streets, and rights of way, including associated ditches and grassed areas, within road allowances located and as designated within the territorial limits of the County of Elgin in the Province of Ontario, AND WHEREAS Uplink, as a "Canadian Carrier" as defined in the Telecommunications Act, S.C. 1993, C. 38, as amended, or "Distribution Undertaking" as defined in the Broadcasting Act, S.C. 1991, C. 11, as amended, seeks permission from the County to install, construct, maintain, repair, replace, and operate fibre internet transmission cables and wires and related equipment (hereinafter "Facilities") over, long, across, and/or under specified road allowances and at specified locations under the jurisdiction of the County and within the territorial limits of Elgin County (hereinafter individually and in combination referred to as "Road Allowances"); AND WHEREAS the County is prepared to grant the afore -noted permission to Uplink on certain terms and conditions, which terms and conditions are acceptable to Uplink; AND WHEREAS the County and Uplink wish to reduce the terms and conditions of such agreement and permission to writing. NOW THEREFORE IN CONSIDERATION of the payment of ONE DOLLAR ($1.00) by each to the other and such good and other valuable consideration as hereinafter set forth, the receipt and sufficiency is hereby acknowledged, the County and Uplink hereby agree as follows: Unless otherwise terminated and for a period of ten (10) years commencing on March 1, 2021, and ending on February 28, 2031, the County grants Uplink the permission to enter upon the Road Allowances with such persons, vehicles, equipment, and machinery as is necessary to install, construct, maintain, repair, replace, reconstruct, remove, and operate the Facilities in the locations set forth on Schedule "A" hereto; provided that, If Uplink is not or has not otherwise been in default of this or any other Agreement with the County, Uplink shall have the option to renew this Agreement and the permission contemplated hereunder for a further period of five (5) years commencing March 1, 2031, and ending February 28, 2036, upon the same terms and conditions as stated herein, save and except that there shall be no further right of renewal. 105 2. Prior to commencing any work within the Road Allowances, Uplink shall apply for and obtain a Road Occupancy Permit from the County, in respect of which Uplink shall provide acceptable plans to depict the specifications and proposed and/or actual location of the Facilities. Uplink shall comply with the terms and conditions of the Road Occupancy Permit issued by the County and, furthermore, Uplink shall comply with the provisions of the by-law under which such Permit is issued. 3. Uplink agrees that it shall, at all times, install, construct, maintain, repair, replace, reconstruct, remove, and otherwise operate the Facilities in strict accordance with the Plans filed in support of any Application for a Road Occupancy Permit as referred to or contemplated above and, at all times, Uplink agrees and undertakes to perform such works to the satisfaction of the County by its County Engineer, in a careful prudent manner, and in keeping with good engineering practices. 4. Uplink shall comply with any direction given by the County, through its County Engineer or authorized representative, in respect of the establishment, construction, installation, repair, maintenance, replacement, reconstruction, relocation, removal, and operation of the Facilities as anticipated by this Agreement or the permission granted hereunder. 5. Uplink acknowledges that the permission granted hereunder is not and shall not be exclusive and further acknowledges that the County may have granted or may otherwise grant other rights, privileges, benefits, licenses, permissions, or other interests to another person, party, agency, persons, parties, or agencies, at any time prior to or during the term of this Agreement or any renewal thereof, provided that the County shall use reasonable commercial efforts to cooperate with and assist Uplink in respect of such further grants and the manner that same may impact upon the permission granted to Uplink hereunder and as contemplated herein and any current or future Facilities as installed pursuant thereto. Uplink further acknowledges that nothing in this Agreement shall prohibit or restrict the County from entering upon the Road Allowances and conducting work thereon for its own municipal purposes, in respect of which the County shall not be required to provide notice to or seek approval from Uplink provided that such work does not adversely affect the Uplink Facilities. 6. Uplink undertakes and agrees to relocate the Facilities at the request of and without cost to the County if, in the future, the presence of such Facilities conflicts with other utilities or infrastructure or other interests within the Road Allowances, provided that, in making such request or demand for relocation, the County will act reasonably and only for valid engineering purposes. 7. On or before the date of execution of this Agreement, Uplink shall pay to the County the sum of One Thousand Dollars ($1,000.00) to offset engineering, legal, and administrative costs associated with preparation of this Agreement. In addition to that set forth immediately above and on or before the 1st day of March during each year of the term of this Agreement, or any renewal thereof, and commencing on March 1, 2021, Uplink shall pay to the County the sum of Five Hundred Dollars ($500.00) in relation to the permission granted hereunder and its use of the Road Allowances. 8. Prior to the commencement of the term of this Agreement, Uplink shall arrange for and thereafter maintain liability insurance satisfactory to the County. The County shall be added as an Additional Insured. Acting reasonably, such insurance shall provide coverage against all claims, liabilities, losses, costs, damages, or other expenses of every kind and nature that such insured may incur or suffer as a consequence of personal injury, including death, and property damages arising out of or in any way incurred or suffered in connection with the installation, construction, maintenance, repair, replacement, removal, and/or operation of the Facilities in the Road Allowances pursuant to this Agreement, which insurance, at a minimum, shall provide coverage with limits of liability not less than TEN MILLION DOLLARS ($10,000,000.00) per incident at the commencement of the term hereof, and Uplink 106 shall satisfy the County, from time to time, that such policy remains in full force and effect and that the premiums of such policies have been paid. 9. Uplink hereby agrees to indemnify and save harmless the County from all claims, demands, losses, costs, charges, and expenses which the County may sustain, incur or be liable for in consequence of the permission granted herein to use and occupy the Road Allowances for the Facilities described above and for the installation, construction, maintenance, repair, replacement, maintenance, removal, and/or operation of those Facilities in the Road Allowances. Uplink shall not be liable for any such claims, demands, losses, costs, charges, expenses caused solely by the negligence of the County, its employees or agents. Without prejudice to the generality of the foregoing and to specifically account for the granting of permission to other individuals, corporations, and other bodies to install facilities within the Road Allowances, Uplink hereby agrees to indemnify and save harmless the County from any claims, demands, losses, costs, charges and expenses as made by such other individuals, corporations, or bodies as against the County and as attributable to or otherwise caused by Uplink through the exercise of the permission granted by the County herein. 10. Notwithstanding and without limiting the obligation set forth in paragraph 9 above (a) Within twenty-four (24) hours of discovery, Uplink shall notify the County of any failure of the Facilities within the Road Allowances and/or the failure of any related facilities directly connected to those Facilities within such Road Allowances and located within five hundred meters (500m) of the limits of the said Road Allowance. (b) Uplink shall duly and promptly repair any failure of the Facilities as identified in item (a) above and, if necessary, remediate the lands incorporated within the Road Allowances which have been adversely affected and/or contaminated by such failure, the determination of which adverse effect and/or contamination lies with the County as represented by its Count Engineer. (c) In respect of any failure as identified in item (a) above, Uplink shall promptly inform the County, by its County Engineer, of the details of repair or intended repair of the Facilities or related pipelines as identified in item (a) above or remediation or intended remediation of the Road Allowances. (d) Without limiting the generality of the obligation set forth in item (b) above and in the event that any such order is issued, Uplink, on its own behalf or on behalf of the County, shall satisfy and comply with any order for maintenance, repair, or remediation of the Facilities, related facilities directly connected to the Facilities within the Road Allowances and located within five hundred meters (500m) of the limits of the said Road Allowances, and/or the lands within the Road Allowance as issued by any government department, ministry, or related agency, or official thereof, exercising jurisdiction over the Facilities and pipelines, including but not limited to any department, ministry, and/or agency administering the provisions of the Environmental Protection Act and further including the County Engineer. 11. Except in the case of an emergency, Uplink shall provide the County, through its County Engineer, with at least forty-eight (48) hours' notice of intended entry into the Road Allowances for purposes of exercising the permission granted hereunder. 12. Uplink shall not acquire any interest in the title to the Road Allowances through the execution of this Agreement or the exercise of the permission contemplated hereunder. 107 13. The County reserves the right to terminate this Agreement, and any renewal thereof, and the permission granted hereunder upon ONE HUNDRED EIGHTY (180) days' written notice to Uplink, provided that such termination shall only be undertaken for either failure of Uplink to abide by or satisfy any term of this Agreement or otherwise for valid engineering purposes; provided that, upon such termination, Uplink shall immediately cease use of the Facilities, failing which Elgin shall be at liberty to seek injunctive relief prohibiting use of the said Facilities, the cost of which proceedings shall be paid by Uplink. 14. Without prejudice to that set forth in section 13 above, Uplink agrees to pay any and all costs, levies, charges, and fees chargeable or attracted by the installation, construction, maintenance, repair, replacement, reconstruction and operation of the Facilities within the Road Allowances as contemplated and/or permitted by this Agreement and to otherwise keep such accounts in good standing, including but not limited to municipal taxes, failing which and after providing at least thirty (30) days' written notice of its intention to do so, Elgin may terminate this Agreement without claim or entitlement by Uplink to damages and compensation; and provided further that, upon such termination, Uplink shall immediately cease use of the Facilities, failing which Elgin shall be at liberty to seek injunctive relief prohibiting use of the said Facilities, the cost of which proceedings shall be paid by Uplink. 15. Upon expiry or termination of this Agreement, or any renewal thereof, and at the demand of the County as made within two (2) years following such expiry or termination, Uplink, at its sole expense, will remove the Facilities from the Road Allowances and thereafter remediate the Road Allowance to the satisfaction of the County as represented by its County Engineer. In the event that Uplink shall fail to do so within one hundred and twenty (120) days of such demand, the County may remove the Facilities and remediate the Road Allowances and, thereafter, the County shall issue an invoice to Uplink for recovery of all costs of such removal and remediation, such invoice to be paid by Uplink within thirty (30) days of issuance. 16. By execution of this Agreement and subject to the terms and conditions herein, the County grants to Uplink its consent to install, construct, maintain, repair, replace and operate the Facilities with the Road Allowance(s) identified in Schedule "A" hereto as is required pursuant to the Telecommunications Act (Canada) and in particular Section 43 thereof. 17. Any notice under this Agreement is sufficiently given if delivered in person or if sent by ordinary pre -paid mail or pre -paid courier to: To Corporation of the County of Elgin at: 450 Sunset Drive St. Thomas, Ontario N5R 5V1 To Uplink Communications Inc. at: 143 Borden Avenue Belmont, Ontario NOL 1 BO 18. This Agreement, including any Schedule hereto, constitutes the entire Agreement between the Parties as of the date hereof. There are not and shall not be any verbal statements, representations, warranties, undertakings or other agreements relating to the specific permission contemplated herein as between the Parties. 19. This Agreement may not be amended or modified in any respect except by written instrument signed by the Parties hereto. 20. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. 108 21. This Agreement shall be binding upon and enure to the benefit of the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have affixed their respective corporate seals attested by the hands of their respective officers duly authorized in that regard at St. Thomas, Ontario, this day of February, 2021. SIGNED, SEALED AND DELIVERED ) in the presence of ) Corporation of the County of Elgin Per: Per: Name: Tom Marks Position: Warden Name: Julie Gonyou Position: CAO/Clerk We have authority to bind the Authority. Uplink Communications Inc. Per: Name: Position: I have authority to bind the Corporation. 109 Schedule "A" Road No. Road Name Location Reference Distance CR 74 Belmont Road Northward from intersection with 1 km Kings Highway 3 to a termination point at the northern lot line for 9838 Belmont Road 110 DATED this day of February, 2021. BETWEEN: CORPORATION OF THE COUNTY OF ELGIN -and- UPLINK COMMUNICATIONS INC. AGREEMENT Stephen H. Gibson 450 Sunset Drive St. Thomas, ON N5R 5V1 County Solicitor CORRESPONDENCE — February 23, 2021 Items for Information — (Attached) 1. Elgin Clean Water Program with their 2020 Annual Report summarizing the successes of the Elgin Clean Water Program over the past year. 2. Gunn & Associates with a letter on behalf of the Municipality of Dutton Dunwich with respect to the status of Bradt Road. 3. AMCTO with a Letter to Ontario Municipal Councils regarding staff professional development. "Fa �p�u�uuuirm»llmu�u \AIAI E �. ..rvwxmrewunugmw'wm I IIM0.4 9gw�''kY �U��WW .. ••••µ�wmoumwwwrm�^• February 8, 2021 Warden Tom Marks and Members of County Council 450 Sunset Drive St. Thomas, ON N5R 5V1 Dear Warden Marks and Members of County Council: Thank you for your continued support of the Elgin Clean Water Program. Attached you will find the 2020 Annual Report summarizing the successes of the Elgin Clean Water Program over the past year. A few highlights: • 30 projects completed • $73,206 in ECWP funding provided to projects • $326,899 in total project costs • $133,781 in matching funding • $119,913 in landowner contributions The funding from Elgin County was successfully pooled with other funding sources such as the Green Lane Community Trust Fund, Ducks Unlimited, Elgin Stewardship Council and ALUS Elgin to assist landowners in undertaking worthwhile environmental projects on their properties. The Elgin Clean Water Program directly supports Elgin County landowners in improving water quality and wildlife habitat conditions on their properties — benefiting the local environment and helping to ensure there is swimmable, drinkable and fishable water and improved aesthetics across the County. Landowners expressed their gratitude for the funding provided by the program with testimonials such as, "I would like to take this opportunity to thank the Elgin Clean Water Program for helping to fund my erosion control structures on multiple sites this year. The process has been straight forward, simple and very beneficial for our farms. These programs are an important part of farming and taking care of the land. I look forward to working with you again in the future." If you have any questions about the annual report or the Elgin Clean Water Program, please do not hesitate to contact me at betsy@kettlecreekconservation.on.ca or 519-631-1270 x229. Sincerely, 4 fige es ,(,,v Betsy McClure Program Coordinator A partnership of: mu Fettle Creek GME, u~�vr 7hamgew7 Cany+�ry tMoo'I,AufhorGky91 em se ee�s".n servc? io �neu�.o:a,n.n„rrenracy c/o Kettle Creek Conservation Authority • 44015 FeIriLon Line • St. Thomas, ON N5P 3T3 • 519-631-1270 ON& 13 9-10 1 d d ELGN ��92u1D1i����01�1+Al7111�111��IIINJIfl�u�1»o�mnuuQ�wAl'"ER �` � ��c� u�mmil o oo ,,. IMEII PROGRAM BACKGROUND KGROUND The Elgin Clean Water Program (ECWP) was initiated in 2012 as a collaboration between the four conservation authorities (CAs) within Elgin County: Catfish Creek CA, Kettle Creek CA, Long Point Region CA and Lower Thames Valley CA. The ECWP provides the necessary technical expertise and financial incentives for landowners that are interested in implementing environmental projects. A Review Committee oversees the program and reviews and approves projects. The Review Committee is comprised of representatives from the County of Elgin, the Elgin Soil and Crop Improvement Association, and the Elgin Federation of Agriculture. The following project categories have been approved by the Review Committee for implementation. • Well Management • Wetland/Riparian Protection/Restoration • Erosion Control Structures • Livestock Management • Clean Water Diversion • Other Projects In addition, a Cover Crop Incentive Program was established in 2017 which provides an incentive for farmers to plant cover crops on their farm in an effort to provide erosion control on fields over the winter months. P BOG@° II',; ro DA °n.:: To date, 235 projects have been completed across Elgin County since the program began in 2012. Total project costs have exceeded $2,748,500. The ECWP has contributed $640,789 in grants to landowners to undertake projects. CA staff have assisted landowners in leveraging the ECWP funding to obtain $1,153,932 in matching funds and landowners have contributed $953,799 of their own funds, labour and equipment. rr f o qp o 0W U� wowere r-icarw nlll�r,.. a/ of Ak fin, / MLfWlw" MEI IY 00 OW b; '" 2020 P BOGRAN11 SUNINIARY UNf UfNY. errs^"' �Y %//1 � 'fJf ✓r� f / a f 26 G of N' i Ur P9r /rl d W!'XRSt ti10!Ofm /l (OF Uc± ur rw,a§ rlfY nll ai Gv N anuresfAs r2i rG, Irurfn aiuNr 2 /i W lannrweew �uU rw1MA11101 9i /i ,>'ii. rri r>zo/nrA1// Mr lla � bio 4/11 1 6f1'IY"nN t I} F 6 h 2 0//U �ti %//!// In 2020, 30 projects were completed, totalling $73,205.55 in ECWP grants. The breakdown of completed projects was as follows: • 8 Erosion Control • 12 Wetland and Riparian Protection/Restoration • 1 Livestock Management • 3 Other Projects (3 tallgrass prairie planting) • 6 Cover Crop 1§61 Legend 0 C7 mpleted P"ojeds(2KJ12-2020) 11D in l���ll����� l�l���'�ii If�[�����II�������IIIIIIIIII���II IMu)J,11 11,ii q�)eii t ! 11 Elgin County had 3.5 acres of land in between its Administration Building and the new Provincial Offences Courthouse. Instead of maintaining mowed grass in that area, a naturalization plan was developed. A mix of over 20 species of native grasses and wildflowers was drill seeded at the site in May 2020. Following that, 3,500 native tree and shrub seedlings were planted. The native grasses and wildflowers will provide greater biodiversity and wildlife habitat for pollinators and grassland bird species until the eventual succession to forest habitat many years later. Wetland Creation was the most funded project by the Elgin Clean Water Program in 2020 with 12 projects completed. Wetland coverage across the County is less than 2%, much lower than the 10% recommended by Environment Canada. The wetlands created with funding from ECWP will improve water filtration, flood retention, erosion control, and groundwater recharge. They also provide habitat for local wildlife communities. Over 20 percent of the province's species at risk are directly dependent on wetland habitats. IRS] Er'oMoiifl C&°III'"0'U;',II"o° The existing file drain on this farm was not able to convey large storm events causing extensive erosion, loss of soil and damage to tiles. Designed by a certified erosion control contractor, the project involved constructing a 10 metre grassed waterway and the installation of four berms with water control structures along the Main Drain and Branch A. This project included the installation of 1,153 metres of fencing to exclude livestock from the Mceachern Drain, which runs into the Thames River. Two acres of riparian land was also taken out of production. A new watering system was installed to pump water from a well for the livestock. This project will reduce erosion and phosphorus loading and protect the riparian habitat along the Mceachern Drain. 2020 P BOGRAMI SPONSORS R N )01 l� 0auuum GREEN LAME OM�urddrr TRusr Siuppa n Ip— i5q 1 by UTORuNle • The fencing project was "the largest infrastructure project that we have undertaken yet and will help us for decades to come with maintaining our livestock and keeping them on the pastures and out of the various water courses which run through our property. The generosity of everyone involved, from help with the application, time to answer questions and awarding of the grant, everything is greatly appreciated and this money will go a long way to helping build our new family farm." • "I would like to take this opportunity to thank the Elgin Clean Water Program for helping to fund my erosion control structures on multiple sites this year. The process has been straight forward, simple and very beneficial for our farms. These programs are an important part of farming and taking care of the land. I look forward to working with you again in the future." • "Since growing cover crops I have noticed improved soil health, increased organic matter and better water holding capacity." • The Elgin Clean Water Program "allows more emphasis to be placed on maintaining and improving clean waterways in Elgin County, which is our most valuable resource." i iKettle Creek ConservationAuthority GUNN & ASSOCIATES o/b Douglas George Gunn Professional Corporation Barristers, Solicitors & Notaries Public Email: Assistant: Cathy Moore cmu|:cathvmn*e(a)euno.on.ca File No. 81124 Via E-Mail Only County of Elgin 45OSunset Drive St. Thomas [}N N5R5V1 Attention: Tom Marks, Warden RE: Bradt Road, Munkipality of Dutton Dunwich | have been retained bythe Municipality ofDutton Dunwich to respond paragraph a>inyour December 1G,202Oletter toMayor and Council. - |have conducteda review Vfthe -title to the lands referred to as Bradt Road and legally described as Part 1 on � .- and the ^ � .Municipality details` .and any municipal services that may have been provided to those Lands over the years,Itbmyopinion ^ that the Lands ,(known asBradt Road) are ~ not amunicipal road. - Relevant to paragraph b),of your December 16, 2020 letter, I have confirmed with Municipal staff that the Bradt Road road signage was removed in or about late 2019. In order to avoid any future issue related to the status of Bradt,Road, the Municipality has asked me to request that all references to Bradt Road be removed from the Elgin Mapping system. The Municipallity has already reached out to MPAC to ensure the tax assessment records and roll reflect that Mr. Zettler is the owner of the Lands in question, , Please advise if you require anything further inthis regard. ours very trul Amyy C. ale Partner ACD: cm ocC: Nancy pasa*ovia email ` 108 Centre Street, St. Thomas,Ontario N5R2Z7 Telephone (SQg)63I-Q70OFacsimile (S1g)63l-1468 ` , 120 February 18, 2021 HIM, • Ak AN OPEN LETTER TO ONTARIO MUNICIPAL COUNCILS Dear Council, As a vital municipal association with membership roots that reach deep into each and every part of Ontario, we know the challenges you have faced in continuing to provide essential municipal services within your community during the COVID-19 pandemic. As elected officials, we know that you recognize the contribution made by your municipal staff, many of whom are members of AMCTO. Municipal professionals across this entire province have been at the forefront of service delivery, applying their knowledge and skills to innovate processes and procedures to meet the evolving needs of residents and businesses. One key point that is often overlooked in this pandemic is that many municipal staff were prepared to act and innovate BECAUSE of the professional municipal training and development they receive from organizations like AMCTO. The leadership skills, education and technical training prepare your staff in getting ahead of immediate community needs, reacting and responding to new challenges brought on by COVID-19. This unique and sought-after skillset has allowed your staff to provide council with options and solutions for keeping your municipality running. In these challenging financial times, there will be temptation to divert operational funding away from staff training budgets. Now more than ever, it is crucial that municipalities continue to invest in your most valuable resource — your staff. In addition to increased levels of employee retention, engagement and empowerment, investments in staff professional development strengthens your council's ability to provide reliable, effective and efficient services to your community, both today and in the future. The question is no longer "if' you innovate but "when". Innovation comes with knowledge, training, and exposing municipal staff to new opportunities to grow and develop professionally. On behalf of AMCTO and its over 2,200 members, please accept my heartfelt thank you for your service during these difficult times. As "Municipal Experts", AMCTO will continue to be at your service to help you and your staff meet the needs of your community. Sincerely, Robert Tremblay, MPA, CMO, AOMC President AMCTO CC: Graydon Smith, President, AMO `PRI CLOSED MEETING AGENDA February 23, 2021 Staff Reports: 1) Director of Human Resources — Municipal Act Section 239 (2) (d) labour relations or employee negotiations — Seeking Approval of Renewal Collective Agreement with Canadian Union of Public Employees (CUPE Local 841). `Ki11